Lock-In Age of Dependent Children
When it comes to a dependent child’s age, their age is locked-in when an applicant submits a full permanent residence application. This includes all documents listed in their specific category’s document checklist and proof of payment for processing fees. Provided the dependent child remains unmarried and not in a common law relationship during application processing until permanent residence is confirmed, they will still be counted as a dependent child, irrespective of whether they pass their 22nd birthday during processing.
Custody Issues
Those who would like to be a sponsor for a child who is subject to custody orders must provide evidence that they are legally allowed to remove the child from the foreign country they currently live in. Before coming to Canada as a permanent resident, the overseas parent or guardian needs to give consent by writing a letter of agreement. A court order will also suffice.
For those wishing to remove a dependent from another country and who have not acquired consent from the other guardian or parent, it is their responsibility to present evidence of sole custody and verify that the other parent or guardian does not possess custody of the child nor have any opposition to their removal.
In the case of a child who is under shared custody, Immigration, Refugees and Citizenship Canada (IRCC) must receive written confirmation from both parents that they agree for the child to be processed for permanent residence in Canada.
This requirement is designed to guarantee that sponsoring a minor does not break any custodial laws already in place or any foreign laws. It is only the interest of the child which matters within Canada when dealing with custody arrangements. Thus, an IRCC officer must pay attention to all aspects of a case and be prudent when deciding whether to process an application to sponsor a dependent child where there has been no formal refusal from the other parent.
