When Objectives Compete

June 26th, 2013

Until quite recently, Canadian immigration law and Canadian immigration policy were in sync, when it came to keeping families together.

The law, as it is laid out in the Immigration and Refugee Protection Act (IRPA) states that one of its objectives is “to see that families are reunited in Canada.” Likewise, government policy, as noted in manuals published by Citizenship and Immigration Canada (CIC) instructs visa officers to avoid splitting or separating families at the time of selection.

With the above in mind, it came as a surprise that CIC announced, last month, it intended to narrow the definition of “dependent child”, beginning in January 2014.

Principal applicants in all categories of Canadian immigration can include dependent children in their applications. Right now, an applicant’s child would be considered dependent if he or she is under 22 years of age and not a spouse or common-law partner. A child who is 22 years of age or older may also be considered a dependent child if that person has depended on the financial support of the parent(s) and has been a full-time student continuously since before the age of 22.

Starting in 2014, regulatory amendments will restrict the definition of dependent child by reducing the age limit to under 19 and removing the exception for full-time students. In a Regulatory Impact Analysis Statement, the government indicated that the current definition of a dependent child for immigration purposes is out of step with its objective of selecting migrants who contribute best to Canada’s economic growth and sustainability. According to CIC’s logic, older children don’t settle in Canada as easily as younger children.

This reasoning may or may not be accurate. What is certain, however, is that some very worthy applicants will have to decide between immigrating to Canada and leaving a child or children behind. It appears to me that this decision runs counter to CIC’s stated objective of keeping families together.

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9 Responses to “When Objectives Compete”

  • On June 27th, 2013, sheherbano said ...

    Very positive approach.

  • On June 27th, 2013, Rowena said ...

    Someone told me that her friend apply all her family including husband and all 2children to come to Canada but the application was rejected because one of the reason is that they have no reason to leave Canada at all and go back to their own country because all of them are already here in Canada. Shes not yet a resident here Canada, shes a supervisor in a food store.

  • On June 27th, 2013, MOHAMMAD NASHIEF said ...

    It’s really excellent opinion and we will accept it subordinately and completely.

  • On June 29th, 2013, faical dirieh darar said ...

    I agree with Attorney,Cohen in his position toward the proposed amendments,because there are many families who will decide to stay with their dependent children therefore, Canada will lose many opportunies.

  • On July 4th, 2013, Preeti said ...

    Good approach. This won’t dispute feelings among family members.

  • On July 5th, 2013, faraas said ...

    Good law ensures well-being of the community and the protection of individuals

  • On July 18th, 2013, Paolo said ...

    My family applied in canada as a provincial nominee but unfortunately the visa officer here in the phillipines refused me to have an immigrant visa as one of my parents dependents. I was 22 years old and a full time student when we filed our application, the embassy required us to submit all the school documents as a proof that i am a full time student. We provided all the documents that they ask for.December 2011 my family received a letter advising them to undergo medical exam but my application form was not included. We wrote a letter to the embassy several times stating that i am also one of the dependents. July 2012 i received again a letter from the embassy and they advice me also to undergo medical exam, unfortanately i had issues w/ my chest x-ray which require me to undergo 6months medication treatment. FEbruary 2013 i finish my 6months treatment hoping that i and my family would be granted an immigrant visa. MAy 2013 we received again a letter from the embassy asking for i and my parents NBI and another application to be filled out on what are we doing since AUGUST 2011 up to present. AS of me i am a full time student but i graduated from my nursing degree last APRIL 2012. After i graduated i fixed my cases regarding about the nursing licensure exam here in the philippines but unfortunately i was not able to take the exact that time. Then from JULY 2012- FEB 2013 i had undergo 6months medical treatment. And then i review and prepare for the NUrsing Exam that has been taken Last JUNE 2 & 3 @ 2013. Also about end of the week of JUne 2013 we received again a letter from the philippine embassy advising my family for a repeat medical exam because the validity of their past medical exam was already expired, again my application was not included again in the form that they sent. This July 7 2013 a letter came from the embassy stating that the visa officer was not satisfied with my documents for him to consider me as one of my parents dependents that i was refused to be given an immigrant visa. As of now i dont know what to do i am really very sad and feeling down about the decision knowing that my family will be leaving for canada and i will be left alone here. i hope someon with a good heart would take time to read my story. My aunt in canada told me that we will file an appeal to the minister there in canada. I have read several threads that most of the appeals were dismissed that makes me feel hopeless. If anyone have some advice or comment regarding on my case. you can feel free to email me or just comment. Thank you very much .

  • On August 8th, 2013, John said ...

    Its really good thinking and they made a good law. It will help the family and their members

  • On December 20th, 2016, Eb5 Global Ventures said ...

    Good law ensures well-being of the community and the protection of individuals

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