Jul 21

Immigration Matters: When is a child NOT a child?

For many cultures, a child remains a child in the eyes of their parents even when that child has a family of their own. This poses a dilemma for many confronted with the reality that when it comes to sponsoring children to join them in Canada, the child’s age could disqualify them as a child altogether.

Until August 2014, Citizenship and Immigration Canada defined “dependent child” as someone under the age of 22 years and there was an exception for full-time students whereby children who are 19 or over would be processed as dependent children if they were financially dependent on their parents and enrolled in full-time studies.

After August 2014, the age was reduced to 19 years from 22 years, and the exception for full-time students has been removed completely.
One of the reasons for the reduction is to bring immigration law in line with other pieces of legislation in Canada where the age of majority is either 18 or 19 years old.

The removal of the exception for full-time students, however, seems to fly in the face of current family law legislation, which allows for someone over the age of 19 years to be considered a “child” or a “child of the marriage” if they are attending post-secondary education on a full-time basis.

If you are considering sponsoring your child to join you here in Canada, give us a call to book an appointment! Find out more about whether your child qualifies as a child for sponsorship purposes and avoid the stress associated with not knowing.