Dependent Age back to Under 22 in Fall 2017

[tetunte]

Hello there, Hopefully the law is going to change next fall according to

http://www.cic.gc.ca/English/department/media/notices/2016-10-28a.asp


I would like to know, my daughter is going to be 22 at that time, Do you think that
they are going to allow parents to sponsor children that were affected by the August 2014 change.

What do you think?

 

[zardoz]

Hello there, Hopefully the law is going to change next fall according to

http://www.cic.gc.ca/English/department/media/notices/2016-10-28a.asp


I would like to know, my daughter is going to be 22 at that time, Do you think that
they are going to allow parents to sponsor children that were affected by the August 2014 change.

What do you think?

We cannot know the answer until it's published, but if you are desperate for a guess, mine would be "No, it will probably not be retroactive.".

 

[tetunte]

We cannot know the answer until it's published, but if you are desperate for a guess, mine would be "No, it will probably not be retroactive.".

Thank you,

I was reading the amendment in CIC site, but I couldn't find any clue on this.
However the August 2014 change, forced many PR applicant to not include grown children
it sounds that something should be done to correct this. Well it is a Parent wish, probably
in the month that come some light could appear on this.

 

[profiler]

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

 

[zardoz]

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

Nothing in there regarding making this retroactive.

 

[profiler]

Nothing in there regarding making this retroactive.

It's open for the public to comment.....

 

[scylla]

Nothing in there regarding making this retroactive.

Looks non-retroactive to me as well:

Implementation, enforcement and service standards

If approved, these Regulations would be anticipated to come into force in fall 2017.

The Department would make the necessary changes to application processing systems, and would issue program delivery instructions to inform staff, including immigration officers, of the amended age limit. The public and stakeholders would be informed of these changes.

For applicants who submit a permanent resident application on or after the coming-into-force date, the new definition of “dependent child” would apply.

 

[blackbottle]

this is really unfair for the parents who are still waiting for the change while their children are going to be over 21 like mine that already applied and got affected from submitting the application after august 2014! This is making me worried!!
Have you guys made comments on the consultation?

 

[blackbottle]

what does this mean on the transtional provision?
(2) Section 25.1 of the Immigration and Refugee Protection Regulations does not apply in respect of a dependent child referred to in subsection (1).

 

[zardoz]

what does this mean on the transtional provision?
(2) Section 25.1 of the Immigration and Refugee Protection Regulations does not apply in respect of a dependent child referred to in subsection (1).

It's regarding lock in date processing. http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/FullText.html

25.1 (1) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of any of the classes set out in these Regulations, other than in those cases referred to in subsections (2) to (9), and who makes an application under Division 5, 6 or 7 of Part 5 is the date on which the application is made.

etc.

As I read it, it means that there is no lock in date applied to applications described in the transitional section 5(1), where the child is a Principal Applicant.

 

[blackbottle]

so that means applicants who will apply into the coming force wont have a locked in date?

 

[tetunte]

I found this organization that has helpful requests to modify the amendment, I don't know if any of the request here are
going to be heard for CIC, but at least a hope.

http://ccrweb.ca/sites/ccrweb.ca/files/age-dependants-ccr-comments.pdf