Dependent Child PR

Overview

Canada's immigration policy strongly supports family reunification. The Dependent Child Sponsorship program is a key pathway for Canadian citizens and permanent residents to bring their dependent children to Canada as permanent residents. This program acknowledges the importance of keeping families together and provides a structured legal process for eligible sponsors to support their children's immigration.

How it Works

The Dependent Child Sponsorship program operates under the family class of immigration. A Canadian citizen or permanent resident (the sponsor) applies to Immigration, Refugees and Citizenship Canada (IRCC) to sponsor their biological or adopted dependent child. The application process involves demonstrating the genuineness of the relationship, meeting financial eligibility requirements, and ensuring the sponsored child meets the definition of a dependent child under Canadian immigration law. The sponsor must sign an undertaking, committing to provide financial support for the sponsored child for a specific period after they become a permanent resident.

Who it's For

This program is intended for Canadian citizens and permanent residents who wish to sponsor their biological or adopted children for Canadian permanent residency. It is suitable for individuals whose children meet the IRCC's definition of a dependent child, which primarily relates to age and financial dependency. The program is not for independent adult children or children who do not meet the dependency criteria.

To be eligible to sponsor a dependent child for permanent residency, both the sponsor and the child must meet specific criteria:

Sponsor Eligibility:

• Status in Canada: Must be a Canadian citizen or permanent resident residing in Canada. Canadian citizens living abroad can sponsor if they can demonstrate an intent to reside in Canada when the sponsored child becomes a permanent resident. Permanent residents living abroad cannot sponsor.
• Age: Must be at least 18 years old.
• Financial Capacity: Must be able to meet the financial requirements, often assessed against the Low Income Cut-Off (LICO) depending on the family size, although for dependent children, there is no minimum income requirement unless the dependent child has a dependent child of their own.
• No Inadmissibility: Must not have an outstanding immigration-related debt, be in prison, be bankrupt, or have certain criminal convictions, or have previously failed to provide financial support for a sponsored relative.
• Undertaking: Must sign an undertaking to support the sponsored child financially for a period of 10 years or until they turn 25 years old, whichever comes first.

Dependent Child Eligibility:

• Relationship: Must be the biological child of the sponsor or the child's parent, or an adopted child. In the case of adoption, the adoption must be legitimate and not solely for the purpose of gaining immigration status.
• Age: Generally, the child must be under 22 years of age and not have a spouse or common-law partner. If the child is 22 years of age or older, they can still be considered a dependent child if they have been continuously enrolled in full-time education since before the age of 22 and have been financially dependent on the parent since that time, or if they are unable to financially support themselves due to a mental or physical condition.
• Admissibility: Must meet all admissibility requirements under Canadian immigration law, including medical, criminal, and security checks. Children found inadmissible may be refused.

The following documents are typically required for a Dependent Child PR application. This is not an exhaustive list, and IRCC may request additional documents:

• Sponsor's Documents:
  • Proof of Canadian citizenship or permanent resident status (e.g., Canadian birth certificate, citizenship card, PR card, Confirmation of Permanent Residence).
  • Proof of residency in Canada (e.g., utility bills, driver's license, employment records).
  • Proof of income and financial capacity (e.g., Notice of Assessment from CRA, employment letters, pay stubs – if applicable, especially if the dependent child has dependents).
  • Identity documents (e.g., passport, birth certificate).
• Dependent Child's Documents:
  • Proof of relationship to the sponsor (e.g., birth certificate listing parents, adoption order).
  • Identity documents (e.g., passport, birth certificate).
  • Medical examination results (IME).
  • Police certificates (if applicable, generally for children aged 18 and over, from countries where they have lived for 6 months or more since turning 18).
  • Education records (if claiming dependency based on full-time studies for children 22 or older).
  • Proof of custody (if parents are separated or divorced).
  • Photos meeting IRCC specifications.

All documents not in English or French must be accompanied by certified translations.

The application process for the Dependent Child PR program involves several key steps:

1. Sponsor Eligibility Assessment: The sponsor first ensures they meet all eligibility criteria, including age, status in Canada, and financial capacity (if applicable).
2. Gathering Documents: Both the sponsor and the dependent child(s) collect all the necessary supporting documents, including identity proofs, relationship proofs, financial documents, and any other specific requirements.
3. Complete Application Forms: The sponsor completes all required IRCC application forms truthfully and accurately. This includes forms for the sponsor, the principal applicant (dependent child), and any accompanying family members.
4. Pay Government Fees: The applicable government processing fees, including the sponsorship fee and principal applicant fee, are paid online or at a financial institution.
5. Submit Application Package: The complete application package, comprising all forms and supporting documents, is submitted to IRCC according to the specific submission instructions for paper applications or online portals.
6. Acknowledge of Receipt (AOR) & Biometrics Request: Upon receiving the application, IRCC sends an Acknowledge of Receipt (AOR). Shortly after, instructions for biometrics (fingerprints and photo) will be issued to the dependent child if they are outside Canada and aged 14 to 79.
7. Processing by IRCC: IRCC reviews the application, conducts background checks, and assesses the eligibility of both the sponsor and the sponsored child. This may involve requesting additional documents or an interview.
8. Medical Examination: The dependent child receives instructions to undergo an Immigration Medical Exam (IME) by an IRCC-approved panel physician.
9. Decision & Confirmation of Permanent Residence (COPR): If the application is approved, the dependent child will receive a Confirmation of Permanent Residence (COPR) and, if applicable, a permanent resident visa. They will then have instructions on completing their landing in Canada.

This program is specifically designed for dependent children. While the dependent child is the principal applicant, they may not include their own family members (spouse or common-law partner, or dependent children) on this application unless they also meet the definition of a dependent child to the original sponsor. If the sponsored dependent child has their own dependent children, those grandchildren of the sponsor may be included in the application provided they also meet the definition of a dependent child to their parent (the sponsored dependent child) and are genetically or legally linked to the sponsor. The eligibility of accompanying family members is assessed against the same dependency criteria.

Upon approval of the permanent residence application and successful landing in Canada, the dependent child becomes a permanent resident. As a permanent resident of Canada, they will have the right to live, study, and work anywhere in Canada without the need for a separate work permit or study permit. They will also be eligible for most social benefits, including healthcare coverage. Until permanent residence status is granted, the dependent child typically does not have the right to work in Canada unless they obtain a separate work permit through other immigration programs, which is generally unlikely to be feasible for a dependent child outside Canada.

The Dependent Child Sponsorship program is a direct pathway to Canadian Permanent Residence (PR). Upon the successful completion of the application process and meeting all eligibility and admissibility requirements, the dependent child is granted permanent resident status in Canada. There are no further steps or transitions required within this specific program to obtain PR, as PR is the direct outcome. After a period of residing in Canada as a permanent resident and meeting the physical presence requirements, they may eventually be eligible to apply for Canadian citizenship.

Applications for Dependent Child PR can be refused for several reasons. It's crucial to ensure all aspects of the application are accurate and complete to minimize risks:

• Relationship Not Proven: Failure to satisfactorily demonstrate the biological or legal parent-child relationship between the sponsor and the dependent child.
• Child Not Meeting Dependency Definition: The most common reason for refusal is that the child does not meet the IRCC's definition of a dependent child, particularly regarding age (22 or older and not continuously a full-time student or financially dependent due to a disability).
• Inadmissibility of Child: The dependent child being found medically, criminally, or security inadmissible to Canada.
• Sponsor Ineligibility: The sponsor failing to meet eligibility criteria, such as not being a Canadian citizen or permanent resident, not residing in Canada (if a PR), or having an outstanding immigration debt or criminal record.
• Incomplete Application: Missing documents, forms, or information, leading to the application being returned or refused.
• Misrepresentation: Providing false information or misrepresenting facts on the application, which can lead to a ban from applying to Canada for several years.
• Failure to Obtain Biometrics/Medicals: Not completing biometrics or the immigration medical examination within the stipulated deadlines.