Dependent children

The following information applies to the assessment of dependants in all immigration categories.

On this page

• Who qualifies as a dependent child
• Lock-in age of dependent children for immigration applications
• Lock-in age of non-accompanying children
• Dependent child lock-in dates by immigration category
• Accompanying dependent children of applicants under the spouse or common-law partner in Canada (SCLPC) class
• Sponsorship of a dependent child who was not previously examined
• Determining dependant type for GCMS coding

Who qualifies as a dependent child

Immigration, Refugees and Citizenship Canada (IRCC) officers must review and assess information provided in the application package or accessible in the Global Case Management System (GCMS) to do all of the following:

• identify which lock-in procedure or regulation applies
• determine the child’s locked-in age
• determine if a child included in the application meets an applicable definition of a dependent child
• determine which fees to apply

If the dependent child does not meet the current definition, officers must determine whether they should be processed under the definition of “dependent child” that applied between August 1, 2014, and October 23, 2017, or under transitional provisions implemented with the pre-August 1, 2014, amendment.

Age and level of dependency

As of October 24, 2017, to meet paragraph (b) of the definition of “dependent child” under section R2, a child must be in one of the following situations:

• under 22 years of age and not a spouse or common-law partner
• 22 years of age or older, have depended substantially on the financial support of the parent since before the age of 22 and be unable to support themselves financially due to a physical or mental condition (it is the financial dependency that must have been ongoing since before the age of 22. It is not necessary for the physical or mental condition to have existed before the age of 22.)

Dependent children who do not have a physical or mental condition must remain unmarried and not in a common-law relationship for the duration of processing, up until the point of becoming a permanent resident.

In regards to civil status, a dependant who is single, divorced or widowed, whose marriage has been annulled or who is no longer in a common-law relationship at the time of the initial receipt of the application is considered to meet the definition of a dependent child and must continue to meet the definition of a dependent child for the duration of processing.

For all applications received on or after October 24, 2017, this definition applies when an officer is determining whether a child qualifies as a dependant, and any reference to “dependent child” in the Immigration and Refugee Protection Act (IRPA) and its Regulations (IRPR) should be interpreted in terms of the new definition.

Learn about the two previous definitions of dependent children, which applied from August 1, 2014, to October 23, 2017, and before August 1, 2014.

Relationship between a parent and a dependent child

A dependent child is either a biological child or an adopted child of a parent [R2(a)]. The term “biological child” has been interpreted to include children in any one of the following situations:

• was born to the parent making the application
• is not genetically related to the parent making the application, but was born to the person who, at the time of the birth of the child, was that parent's spouse, common-law partner or conjugal partner
• was born through the application of assisted human reproduction technologies

Acceptable proof of a biological relationship between a child and a parent is a birth certificate or baptismal certificate.

The section R2 definition allows for a child born through assisted human reproduction technologies, such as in vitro fertilization, to be recognized as a dependent child, provided the female spouse or partner gave birth to the child and that it is consistent with Canadian family law, under which the spouse or common-law partner of the birth parent is usually presumed to be the other legal parent even if there is no genetic relationship to the child.

In these cases, documents suitable for establishing parent-child relationships are birth certificates or other documents, as well as authorized evidence indicating that the person claiming to be the parent is the birth mother or the spouse or common-law partner of the birth mother at the time of birth. Evidence must also indicate that the parents availed themselves of assisted human reproduction technologies.

If the child was born from a surrogacy arrangement in a foreign country and is legally the child of the sponsor or their spouse or partner in that jurisdiction, the child may be a “biological child” if there is also a genetic parent-child relationship. If there is no genetic or gestational link to the sponsor or their spouse or partner, the child is not a biological child. The officer may consider granting permanent residence on humanitarian and compassionate grounds, but caution should be used to mitigate the risk that the child was purchased or trafficked.

Lock-in age of dependent children for immigration applications

The age of a dependent child, accompanying or non-accompanying, is locked in on the application’s received date^{Footnote 1}. For family class applications, the age of a dependent child is locked in on the date of receipt of the principal applicant’s complete permanent residence application. A complete permanent residence application contains all of the items in the document checklist for the specific category, which includes proof of payment of the correct processing fees.

A child who is less than 22 years of age and not a spouse or common-law partner at the time of “age lock-in” continues to be a dependent child even if they turn 22 during the processing of the application, as long as they are still unmarried and not in a common-law relationship when permanent residence is confirmed. (Less than 22 years means up to and including the last day before the child's 22nd birthday).

A child who is 22 or over and dependent on their parent(s) due to a physical or mental condition is eligible to be processed as a dependant. However, they must continue to be dependent when a final decision is made on the application and when permanent residence in Canada is confirmed.

For permanent residence applications received between August 1, 2014, and October 23, 2017, the “under 19” definition applies. For permanent residence applications received before August 1, 2014, transitional provisions allow for the pre-August 1, 2014, definition of a dependent child to be applied. For family class applications, the age of a dependent child is locked in on the date of receipt of the principal applicant’s complete permanent residence application.

Lock-in age of non-accompanying children

The age of an applicant’s non-accompanying children is locked in on the day the case processing centre receives a complete sponsorship and permanent residence application package. This lock-in age is applied to determine if a non-accompanying child needs to be examined for admissibility when assessing the admissibility of the principal applicant parent. It is valid only from the processing of the parent’s application until the parent becomes a permanent resident.

A non-accompanying child who meets the definition of dependent child at the age lock-in date can be added to the parent’s application as an accompanying dependant at any time during processing, even if they are older than the lock-in age at the time the parent requests to add them. However, once the parent becomes a permanent resident, the child cannot benefit from the previous lock-in age. If the parent wishes to sponsor that child for permanent residence, their eligibility as a dependent child is determined based on their age on the date IRCC receives a new complete sponsorship application package.

Dependent child lock-in dates by immigration category

Provided it meets completeness requirements, an application is deemed to be received on the day it is submitted electronically or, for paper applications, on the day it is date-stamped by the IRCC office designated for the intake of applications for the applicable program or category.

The following tables provide information to determine when a dependent child’s age is locked in for each immigration category, whether this can vary based on application date, and what indicators to look for.

• Family class, humanitarian and compassionate, federal economic class
• Privately sponsored refugees
• Public policy (A25.2)
• Provincial nominee program
• Quebec economic categories and Quebec distressful situations
• Quebec collective refugee sponsorship
• Live-in Caregiver Program
• Caring for children class and caring for people with high medical needs class
• Home child-care provider class and home support worker class
• Government-assisted refugees
• Family members who do not accompany protected persons (“one-year window”)
• In-Canada refugee claimants who have acquired protected person status
• Rural and Northern Pilot Program
• Agri-Food Pilot Program

Family class, humanitarian and compassionate, federal economic class

Privately sponsored refugees

Public policy (A25.2)

Provincial nominee program

Quebec economic categories and Quebec distressful situations

Quebec collective refugee sponsorship

Live-in Caregiver Program

Caring for children class and caring for people with high medical needs class

Government-assisted refugees

Family members who do not accompany protected persons (“one-year window”)

In-Canada refugee claimants who have acquired protected person status

Rural and Northern Immigration Pilot Program

Agri-Food Pilot Program

Accompanying dependent children of applicants under the spouse or common-law partner in Canada class

For purposes of in-Canada processing, accompanying dependent children are children listed on the application who are applying for permanent residence and either reside in Canada or reside outside Canada but will join the applicant if permanent resident status is received.

Dependent children of spouses, common-law partners and conjugal partners

For applications of spouses, common-law partners or conjugal partners, both overseas and in-Canada (spouse or common-law partner in Canada class) with accompanying dependent children overseas, an in-Canada office as the primary office will do all of the following:

• electronically issue medical instructions for the dependants via the principal applicant
• contact the principal applicant to request any missing civil documents or police certificates for overseas dependants
• add the responsible visa office as a secondary office and upload police certificates, birth certificates, adoption orders and other civil documents, including documentation relating to custody and guardianship, into GCMS
• after uploading all documentation required to conduct an assessment, send an email to the visa office asking them to examine the family members
• monitor GCMS to determine if the visa office has completed the assessment
• make a final decision about the eligibility and admissibility of the primary applicant and dependent child after the visa office completes its analysis
• send a “ready for visa” letter on the visa office’s letterhead to the dependant—or their representative—instructing them to submit a passport-sized photograph and (if a visa is required) their passport to the visa office
• in GCMS, enter a final decision for the applicant and accompanying family members and ensure that the controlled document record is in the correct print queue to allow the visa office to create the Confirmation of Permanent Residence (COPR) and, if applicable, a visa counterfoil

As the secondary office, the visa office will do the following upon receipt of the dependant’s passport and/or photo:

• verify and update passport and client information
• generate, print and issue the COPR and, if applicable, a visa counterfoil

For non-accompanying dependent children overseas, a processing office in Canada will assess their admissibility (medical and, where necessary, criminality and security) and contact the principal applicant directly with instructions or to request additional information. If an officer in Canada requires local knowledge to evaluate admissibility, they will send an email to the visa office to request the information. Visa offices do not examine non-accompanying dependent children.

Custody issues: dependent children

Applicants who have included in their application children who are subject to custody orders must provide proof that they are allowed to remove the children from the area of jurisdiction of the court. The parent or legal guardian overseas must provide written consent for the child to travel to Canada for the purposes of becoming a permanent resident. A court order is acceptable in cases where that person is unwilling to provide consent.

Non-accompanying parents or guardians and former spouses or common-law partners must complete and submit a Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada form [IMM 5604] (PDF, 609.23KB) for each applicable child. The applicant is expected to make every reasonable effort to contact and obtain written consent from the other parent.

Custodial matters can be complicated, as family law varies from country to country, and should be assessed on a case-by-case basis. As a rule, where no consent is provided by the other parent, the onus is on the applicant to provide evidence that they have sole custody of a dependant and to verify that the non-accompanying parent does not have custody of the child or any objection to the removal of the child from the country of origin.

If the parents share custody of the child, IRCC must usually obtain written confirmation from the other parent that they have no objection to the child being processed for permanent residence in Canada. Where parents share custody of a child pursuant to a written agreement stating that the child is not able to travel to Canada permanently, it is necessary for the original agreement to be amended or replaced with a new agreement allowing the child to come to Canada and live with the parent who is seeking to move here.

This ensures that processing the dependent child for permanent residence does not violate the terms of any custodial order or agreement or foreign laws and respects the principles underlying international conventions to which Canada is party.

In cases where a Canadian court finds that a child has been wrongfully removed to or retained in Canada under the Hague Child Abduction Convention and that no exception under the Convention applies, the court has the duty to order the return of the child to their state of habitual residence, even if the child was being processed for permanent residence in Canada.

In Canada, the best interests of the child are the only consideration in matters relating to their custody. Where a dependent child is the principal applicant, an IRCC officer must review the full circumstances of the case and exercise good judgment in deciding to proceed to process a dependent child for permanent residence where written confirmation of no objection from the other parent cannot, for all practical purposes, be obtained. The main objectives are to ensure that such a decision does not risk violating any rights or claim the other parent may have to custody and not to contradict foreign laws or principles underlying international conventions to which Canada is party.

Sponsorship of a dependent child who was not previously examined

All family members, whether they are accompanying the principal applicant or not, must be declared on the application and must be examined.

Under paragraph R117(9)(d), a child who was a non-accompanying family member of a permanent residence applicant and who was not examined as part of their parent’s application is ineligible to be processed as a member of the family class. However, if an application from a parent was received between August 1, 2014, and October 23, 2017, any child who was 19 or over and not dependent on their parents financially due to a physical or mental condition, was not defined as a dependent child and was therefore not required to be examined at that time, unless there was a lock-in provision.

Determining dependant type for GCMS coding

When completing the “Generic Application Form for Canada” [IMM 0008 (PDF, 553 KB)] (in question 12 of the “Personal Details” section) or completing an online Express Entry application, an applicant is required to identify the dependant type.

Following the August 1, 2014, amendment to the definition of a dependent child, an applicant had to choose one of five dependant types. As of October 24, 2017, there are three. The two dependant types that were created to facilitate the August 1, 2014, amendment—Type 1 (under 19) and Type 2 (19 or older with a physical or mental condition)—do not apply to applications received on or after October 23, 2017.

The following dependant types are now in effect:

Type A

The child is under the age of 22, is not married and is not in a common-law relationship. In order to remain a dependant, the child must remain unmarried and not in a common-law relationship from the time the application is submitted until they become a permanent resident.

Type B

The child has been continuously enrolled in or attending full-time studies at a post-secondary institution and has depended substantially on the financial support of a parent in either of the following cases:

• since before turning 22
• since marrying or entering into a common-law relationship before turning 22

Type C

The child is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.