Dear Mr Brown,

My spouse in Canada is filing for me to become a permanent resident of Canada. I would like to bring my children as well. However, my oldest child is 22 years old and is currently studying at The University of the West Indies. I would like to know whether he can accompany me as a dependent child, as I heard that there was a recent change in which a dependent child must be under the age of 22. I would like to know whether his status as a student would be considered an exception.

— YA

Dear YA:Based on your question, you may be aware of a previous definition (before August 1, 2014) in which the definition of a dependent child was:• A child who depends on his/her parent for financial and other support;• Under 22 years old and does not have a spouse or partner, or;• a full-time student on an ongoing basis before the age of 22, and has depended largely on a parent’s financial support that time (emphasis added); or• 22 years old and over, and became a spouse or partner before the age of 22, and has been a full-time student on an ongoing basis since before the age of 22, and has depended largely on a parent’s financial support since they became a spouse or partner; or• 22 years old and over, and has depended largely on the parent’s financial support since before the age of 22 because of a physical or mental condition. 

Dependent child (current)Currently, the definition of a dependent child is a son or daughter who:• Depends on his or her parent for financial and other support;• Is under 19 years old and does not have a spouse or partner; or• Is 19 years old and over, and has depended largely on the parent’s financial support since before the age of 19 sbecause of a physical or mental condition.It is important to highlight that the exception for full-time students was removed.The stated basis of the change was that reducing the age for dependants to under 19 in the Immigration and Refugee Protection Regulations (IRPR) would be consistent with the definition of the age of majority. 

Dependent ChildThe maximum age of a dependent child who may be included on an application to immigrate to Canada will be raised on October 24, 2017 to the age of 21. The change will take effect for applications submitted on or after October 24 of said year. The IRCC has confirmed that the age limit change will not be applied retroactively to applications submitted on or after August 1, 2014 and before October 24, 2017.According to data presented by IRCC, over past years, there has been a growing trend of children remaining financially and emotionally dependent on their parents for much longer. Therefore, this is part of the Government’s goal regarding family re-unification.Unfortunately, your oldest child will not be considered a dependent child and will not be able to immigrate with you. Accordingly, I would advise your oldest child to pursue studies in Canada as a means of applying for permanent residence.Please visit jamaica2canada.com for additional information on Canadian permanent pesidence programmes, including Express Entry, the Study and Work progamme, visitor’s visas or appeals, etc. 

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM-a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com