July 25, 2014
NEWSLETTER

OUR OFFICES
Montreal – Head Office
2200 McGill College Avenue, Suite 320
Montreal, Quebec, Canada H3A 3P8
Tel: (514) 499-1170
Fax: (514) 499-1063
Email: info@canadaiip.com
Website: www.canadaiip.com


We also have representatives in:
Dubai
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QUEBEC IMMIGRATION INVESTOR PROGRAM - REOPENING DELAYED
It has officially been announced that the reopening of the Quebec Immigrant Investor Program has been delayed. The Quebec Immigrant Investor Program was supposed to accept files from September 8-19, 2014 and December 1-12, 2014, these dates will be postponed till further notice. The reopening of the Program and the procedure for the submission of an application will be announced soon and communicated to you.

In addition, in the presentation of the Quebec Budget 2014-2015 it was announced that the government will introduce a system for allocating candidate files among financial intermediaries. This new system will make it possible to set quotas for financial intermediaries. The details will be announced at a later date by the Minister of Immigration, Diversity and Inclusion.
AMENDMENTS TO THE STATUTORY DEFINITION OF DEPENDENT CHILD
Amendments to the statutory definition of "dependent child" under the Immigration and Refugee Protection Regulations.

The Government of Canada, modified the definition of "dependent child" in the Immigration and Refugee Protection Regulations.

A dependent child shall be considered:
  • a child who is less than 19 years of age and not a spouse or de facto spouse;
  • a child who is 19 years of age or older and has, since the age of 19, been unable to meet their needs and is dependent on the financial support of their parents due to a physical or mental condition.
Consequently, children who are studying full time, and are 19 years of age or older, can no longer be considered dependent children.

This modification will enter into effect on August 1, 2014.


LOCK-IN DATE
General rule - one-step process. For all permanent resident applications except those  cases referred to in subsections 25 (2) to (9) of the Act. CIC locks in the age of a dependent child at the date that CIC receives a complete application for permanent residence.  A complete application is one that is made in writing using the form provided by the Department, signed by the applicant, including all information and documentation required by the Regulations and other evidence required by the Act as well as evidence of payment of the applicable fee (see section 10 of the Regulations).

  • Certificat de sélection - distressful situation: 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 referred to in section 71, to whom a Certificat de sélection du Québec has been issued declaring that that person is in a particularly distressful situation and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

  • Quebec economic candidate:  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 referred to in section 86, 96, 99 or 101, to whom a Certificat de sélection du Québec has been issued and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

  • Provincial nominee:  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 the provincial nominee class, who is nominated by the province and who makes an application under Division 6 of Part 5 is the date on which the application for nomination was made to the province.

  • Live-in caregiver:  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 the live-in caregiver class and who makes an application under Division 6 of Part 5 is the date on which the initial application for a work permit as a live-in caregiver was made.

  • Sponsorship - refugee:  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 referred to in paragraph 139(1)(h), who makes an application under Division 6 of Part 5 and in respect of whom an undertaking application is made by a sponsor who meets the requirements of sponsorship set out in section 158 is the date on which the undertaking application was made to Quebec.

  • Refugee:  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 submits an application for a permanent resident visa under Division 1 of Part 8 along with one of the referrals set out in section 140.3 is the date on which the referral was made.

  • Family member who does not accompany applicant:  For the purposes of determining whether a child who submits an application under paragraph 141(1)(b) is the dependent child of a person who has submitted an application under paragraph 139(1)(b), the lock-in date for the age of that child is the date on which that person submitted the application.

  • Refugee protection:  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 has submitted a claim for refugee protection inside Canada under subsection 99(3) of the Act, who has acquired protected person status and who has made an application for permanent residence is the date on which the claim for refugee protection was made.

TRANSITIONAL PROVISION FOR APPLICATIONS SUBMITTED BEFORE AUGUST 1, 2014
Transitional provision for applications for a Certificat de sélection du Québec submitted before August 1, 2014

Applications for a Certificat de sélection du Québec or undertaking that were submitted to the Ministère before August 1, 2014 will be reviewed based on the definition of "dependent child" in effect prior to the modification. The date of receipt of the application, stamped by our services, shall serve as proof.

This provision pertains to the following applications:
  • Applications under the economic immigration class (skilled workers and businesspeople)
  • Applications submitted abroad by foreign nationals who are in a particularly distressful situation, with the exception of refugees
  • Undertaking applications for collective sponsorship
 
Citizenship and Immigration Canada will determine if the child can be considered a dependent child for applications submitted under one of the following classes:
  • Family class
  • Refugees recognized in Canada and the members of their family abroad, and government-assisted refugees
  • Foreign nationals whose application for permanent residence is being processed in Canada
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