Notice – Changes to the definition of a dependent child
Citizenship and Immigration Canada’s (CIC) definition of a dependent child has changed.
The age at which a child will be considered a dependant has been reduced from under 22 to under 19.
The exception for full-time students has been removed. Applicants’ children who are 19 or over but are financially dependent on their parents and are enrolled in full-time studies are no longer eligible to be processed as dependent children.
In all cases, a child will continue to be considered a dependant, regardless of age, if they have depended substantially on their parents for financial support since before the age of 19 and are unable to be financially self-supporting because of a mental or physical condition.
New application kits, forms and fee information are available on CIC’s website.
All permanent residence applications received by CIC before August 1, 2014, will continue to benefit from the pre-amendment definition of dependent child.
Reducing the age for dependants to under 19 in the Immigration and Refugee Protection Regulations (IRPR) will bring the IRPR in line with provincial definitions of “age of majority,” which is currently evenly split between 18 and 19 across provinces and territories.
Young adults will be able to apply to come to Canada on their own merits as foreign students or through various economic programs.
Transitional measures are in place to allow certain applicants under multi-step permanent resident immigration programs who are in the immigration process before August 1, 2014, but who had not yet submitted their application for permanent residence, to have their applications completed based on the previous definition of dependent child.
In addition, effective August 1, 2014, to ensure that children who meet the definition of dependent child at the first stage of a multi-step permanent resident immigration program remain eligible throughout what can be a multi-year process, the child’s age will be “locked in” at the first formal step of the immigration process, except for those that benefit from a transitional provision. For example, the age of a child whose parent applies to the PNP will be “locked in” on the date that the application for nomination is made to the province.
The regulatory package was published in the Canada Gazette, Part II on June 18, 2014, and can be found on their website.
For more information on the change in the definition of a dependent child, including related changes and their implications, see CIC’s website.
These transitional measures apply to certain members of the following groups, including:
- Provincial Nominee Program (PNP) applicants;
- Applicants who have applied under one of Quebec’s economic programs;
- Live-in caregivers;
- Refugees abroad and refugee claimants;
- Quebec humanitarian cases;
- Parents or grandparents whose sponsorship applications were received before November 5, 2011; and
- Privately sponsored refugees whose sponsorship applications were received before October 18, 2012.
As of January 2015, Citizenship and Immigration Canada (CIC) has a new electronic system called Express Entry to manage applications for permanent residence under certain economic immigration programs. If you are a foreign-national classified under the Federal Skilled Worker Program, the Federal Skilled Trades Program, the Canadian Experience Class, or you are an Entry-level Temporary Foreign Worker, you may be eligible to apply under Express Entry in order to obtain Permanent Resident status. To determine if Express Entry is right for you, or to determine if you are eligible to apply, contact The Law Office of Fay Hassaan P.C. and we will be more than happy to assist you with your immigration questions!
Parents and grandparents of Canadian citizens and permanent residents may be eligible to apply for the parent and grandparent Super Visa! The Super Visa is valid for up to 10 years and will let you visit your family in Canada for up to two years without renewing your status. To determine if this is the right Visa for you, or to determine if you are eligible to apply, contact The Law Office of Fay Hassaan P.C. and we will be more than happy to assist you with your Immigration questions!
Wills and Estates
Filing an Estate Information Return
Beginning January 1, 2015, an Estate Information Return must be received by the Ministry of Finance within 90 calendar days after a Certificate of Appointment of Estate Trustee has been issued. However, this does not apply to anyone who applied for a Certificate of Appointment of Estate Trustee prior to January 1, 2015.
There is no requirement to file an Estate Information Return with the Ministry of Finance if you have received any of the following:
- a Certificate of Appointment of Succeeding Estate Trustee with a Will
- a Certificate of Appointment of Succeeding Estate Trustee with a Will Limited to the Assets Referred to in the Will
- a Certificate of Appointment of Succeeding Estate Trustee without a Will
- a Certificate of Appointment of Estate Trustee During Litigation.
There is also no requirement to file an Estate Information Return if:
- you applied for the estate certificate prior to January 1, 2015
- you were not issued an estate certificate after an Application for Certificate of Appointment of Estate Trustee was made (e.g., your application was withdrawn), or
- the full amount of estate administration tax has been paid in respect of a deceased’s estate, and there is no change to be reported about the assets of the estate, but a subsequent estate application is required to be filed (such as to appoint a succeeding Estate Trustee), and no additional tax is payable.
Buying or selling a home is one of the most important decisions anyone can make in a lifetime.The Law Office Of FAY HASSAAN, P.C. offers expert legal services in order to assist with the purchase or sale of Real Estate. We will help you whether your property is commercial or residential. We act for buyers, sellers, and developers.
The Law Office Of FAY HASSAAN, P.C. will ensure our Clients are familiar with all aspects of a Real Estate transaction in order for every matter to close smoothly and efficiently. You can be sure we will keep your interests in mind!
At The Law Office Of FAY HASSAAN, P.C. we understand Family Law can be a stressful, emotional, and serious matter which often becomes challenging and time consuming. We take the time to understand your case with sensibility from beginning to end in order to advise legally and professionally.The Law Office Of FAY HASSAAN, P.C. will assist with Family Law cases from giving independent legal advice to representing Clients in and/or out of Court.
Our goal is to protect our Clients interests which can often be achieved by negotiated settlements which are cost effective and time effective. In the case when parties are unable to resolve their differences, we are prepared to represent our Clients in Court.
We are competent in assisting Clients with:
- Custody matters
- Divorce Applications
- Separation Agreements
- Restraining Orders
- Spousal Support
- Child Support
- Property Division
- And any other Family Law related matter