Ziaie Law: News

Breaking News: 2020 Parent & Grandparent Sponsorship Program

6/10/2020

Today the Government of Canada released details of the opening of the new intake process for parent and grandparent sponsorship in 2020. The new program is increased in capacity and will allow up to 10,000 eligible Canadians to apply to sponsor their parents or grandparents in 2020.

Given the global pandemic that has led to long delays in the processing of visa and immigration applications, it looked like there would be no parent sponsorship intake for this year. However, Immigration, Refugees and Citizenship Canada (IRCC), just announced that they will open the parent and grandparent sponsorship intake process for 10,000 application on 13 October 2020, with a promise that the number of files that will be accepted will increase to 30,000 for 2021.

In order to be eligible to sponsor a parent or grandparent you must:
· Be at least 18 years old
· Live in Canada
· Be a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act
· Demonstrate you have sufficient income in the past three years to support your own family as well as the parent(s) or grandparent(s) you are sponsoring
· sign an undertaking promising to provide for the basic requirements of the person being sponsored for a period of 20 years

The income requirements are demonstrated through your income reported in your tax returns for the last three years. You may be able to count the income from your spouse or common-law partner to meet the requirement and your partner will become a co-signer of the application. You (and your co-signer) will be financially responsible for your parents or grandparents when they obtain permanent residency and will be required to provide an undertaking for 20 years that they will not use social assistance.

IRCC is aware of the challenges that many Canadians have faced with reduced income and job losses in 2020 and may have accessed Canada Emergency Response Benefit or Employment Insurance. Therefore, IRCC has introduced a temporary policy that applies if applicants cannot meet the 2020 income requirements and the temporary policy will apply to new applications as well as applications already accepted for processing from prior years.

If you are eligible, you will be able to register your interest to sponsor over a three-week period from 13 October to 3 November. A lottery will determine the applicants that will be selected and if you are selected you will have 60 days to submit a complete application including all the required documents.

Interested in applying to sponsor your parents or grandparents? Contact us to assess your eligibility and start the process.

Preparing for 2019 Parent and Grandparent Sponsorship Applications

15/11/2018

Many Canadian families are eagerly awaiting news from Immigration, Refugees and Citizenship Canada (IRCC) to find out if they will have a chance to be reunited with their parents, and even grandparents, under the Parent and Grandparent Sponsorship (PGP) program.

Each year we have faced different conditions under the PGP: in 2015 applicants had to submit complete applications on the first working day in January and the quota of 5,000 applicants was filled in one or two days. Then in 2016 and 2017 IRCC increased the quota to 10,000 and moved to a lottery system. However, the lottery system was fraught with problems as many people signed up that did not qualify (they did not have the necessary income for the past three years to be able to sponsor) which resulted in delays and it is not ultimately clear if IRCC was able to meet its quota in each of those years.

The latest news that was released in August 2018 is with regards to the 2019 PGP program. Here is what we know so far:

Since IRCC has been able to reduce its backlog of applications from 167,000 in 2011 to just over 20,000 in 2018, it has allowed been able to increase the quota for 2019. The 2019 quota under the PGP is set to be 20,000 applications.
The system will no longer be a lottery and will be based on the order in which you register your interest to sponsor.
Beginning at the start of 2019, if you are eligible to sponsor your parents or grandparents, you will be able to register an “expression of interest”. IRCC will issue invitations to apply to eligible applicants until the 20,000 quota for 2019 is met based on the order in which files are submitted.
If you submit an expression of interest and are selected you will only have 90 days to submit a complete application or risk losing your chance to sponsor.

If you are interested in sponsoring your parents, here are 5 important points to understand:
1. In order to be eligible to sponsor your parent or grandparents you will need to meet the eligibility requirements, the most important of which is that you must have had sufficient income for the past three years. The minimum level of income you need will depend on the number of people in your family and the number of people you want to sponsor. For example, for a family of 3 that want to sponsor their parents, they have to have at least the following income: 2017: $67,400, 2016: $66,654, and 2015: $65,377.

You will also need to meet the minimum income for 2018 which has not yet been announced but will be slightly higher than the 2017 amounts. And you will also need to meet all the income requirements until the time your application to sponsor is finalized. The minimum income levels for 2015, 2016 and 2017 based on number of family members are as follows:

NOTE: The above amounts apply to residents of all province except Quebec.

2. If the number of people in your family has changed in the last 3 years you should pay close attention. For example, if you were a couple in 2015 but had a child in 2016, then your family unit now consists of 3 people but consisted of 2 people in the earlier year. The question is what level of income should you have? There is no clear guidance on this from IRCC but in order to minimize any risk you should count on having the higher income level based on the number of family members you currently have.
3. If your own income is not sufficient to sponsor your parent(s) or grandparent(s), it is possible for your husband or wife to act as co-signer for the application and have his or her income count towards meeting the income requirements. You should be aware that if your co-sponsor changes his or her mind or there is a breakdown of marriage you may not longer be able to meet the income requirements at the time your application is being considered in the future and therefore will not be eligible to sponsor your application.

4. When you sponsor your parents or grandparents you give an undertaking that they will not use public assistance for a period of 20 years from the time of their landing in Canada. This is a binding undertaking and if the people you sponsor access public assistance you will be required to pay back these sums, often times with interest and penalties. If you have a co-signer this is a binding obligation on your co-signer as well.

5. Planning ahead can help you ensure that you are ready to submit a complete application. Unfortunately details of how the PGP will work in 2019 have not been announced but I have been working with clients over the past few weeks to assess their eligibility and have started to gather all their documents. If you are interested in applying to sponsor your parents or grandparents you should start your preparation process as soon as possible and if necessary seek out professional assistance to assist you in this process.

International Students Part 3 – Studying in Primary or High School in Canada

11/8/2018

Over the past few weeks I have written about international students that choose to study in Canada. Typically when we think about international students we think of college and university students pursuing post-secondary education. This week I want to turn to another group of international students: minor international students studying in Canada at the primary and secondary school level.

Why Do Families Choose Canada?
There are different reasons why a family may choose to have their minor child study in Canada as an international student: the child may be accompanying his or her parents as they work or study in Canada, or the family may have an immigration application in process and want their child to have a head start and study in Canada before the family receives their immigration status. However, in an increasing number of cases families are choosing for their minor children to study in Canadian primary and secondary schools and obtain a Canadian high school diploma.

The numbers are interesting and while there are no official number released for 2018 yet, the number of international students applying to the school boards in Ontario and British Columbia has increased significantly in the past five years.

Which School Should We Choose?
Minor children have the option to choose between a number of different school options: public schools, Catholic schools and private schools. Depending on the type of experience that the child or child's family is looking for it is possible to find a school that is suitable. Some schools offer homestay opportunities that allow their students to live with a local family. There are also boarding schools that allow students to live in the school's dormatories. While there are many different school options, if you are looking to enrol in a private school it must be certified by the provincial Ministry of Education as a registered private school.

If you would like your child to study in Canada you should start the application process as soon as possible because spaces in schools fill up and you have to act fast to get into the most popular schools.

At What Age Should Minor Students Come To Canada?
It is possible to study from grade 1 to 12 as a minor student. However, the most popular grades are in high school, and particularly grade 11 and 12, that allow students to become familiar with the Canadian education system, improve their English and have a better chance of entering Canadian post-secondary education.

Who is a Custodian?
Across Canada the age at which a child is considered a minor is different. For example in Ontario it is children under 18 but in British Columbia it is children under 19. If a minor child is studying in Canada they must either be living with their parent or legal guardian, or they must have a custodian. A custodian is a responsible adult, who is a Canadian citizen or permanent resident who will take care of and support the minor child.

In the case of younger children it is often advisable that they be accompanied by at least one parent and we routinely obtain visitor visas for parents to accompany younger children studying in Canada. However, where a parent cannot accompany the child a suitable custodian can be selected and the custodian must undertake to take care of the child in Canada. A custodian can be a close family member such as an aunt or uncle or trusted family friend. If it is not possible to find such a person there are companies that provide custodianship services.

Unfortunately there is no clear federal or provincial program to oversee the custodians for international students, therefore it is extremely important for parents to ensure that they find qualified custodians for their children. The government will likely have to create a framework for supervision of custodians in the future as the number of minor international students increases across Canada.

Do Minor Students Need A Study Permit?
Students that want to enrol fulltime in a school in Canada, for studies that are longer than 6 months long, must have a valid study permit. Depending on the circumstances of each case an immigration lawyer can advise you of the required documents for the study permit application. It is important to note that one of the most important requirements in order to obtain a study permit is for the child's family to demonstrate that they will be able to cover all the expenses related to the child's studies and stay in Canada.

If you are interested in having your child study in Canada you must apply as early as possible as processing of study permits can take several weeks, and can become more complicated if coupled with a visitor visa application for an accompanying parent.

Second Round of Application Intake for Parent and Grandparent Sponsorship Applications Good News for up to 8500 families across Canada

2/8/2018

Once again there is good news for thousands of applicants who tried to sponsor their parents or grandparents earlier this year. Immigration, Refugees and Citizenship Canada ran a lottery for those interested in sponsoring their parents in the spring and issued 10,000 invitations to apply. The deadline for submitting these applications was May 25, 2018.

I wrote in my article in December that IRCC would likely not receive 10,000 applications, despite efforts that IRCC made to ask additional questions to ensure those registering for the lottery actually qualified. The prediction was correct and IRCC is now allowing a second round of applications for the parent and grandparent sponsorship program. 8500 new applicants have been chosen and they will have 60 days to submit their complete sponsorship applications to IRCC.

If you registered your interest to sponsor your parents or grandparents in January but were not previously chosen you should check your inbox for an email from IRCC. You can also check the confirmation number here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents/selected.html

If you are one of the lucky applicants who has been chosen, make sure to review all the eligibility requirements and submit a complete application. IRCC is very strict and I have seen applications returned for missing a single signature, an old photo or one copy instead of an original.

Eligibility Requirement for Parent & Grandparent Sponsorship
In order to sponsor, you must:

be 18 years of age or older;
be a Canadian citizen, Registered Indian or permanent resident;
be sponsoring your parent or grandparent;
live in Canada;
sign an undertaking promising to provide for the basic requirements of the person being sponsored for a period of 20 years;
sign an agreement with the person you are sponsoring that confirms that each of you understands your mutual obligations and responsibilities;
prove that you have sufficient income to provide the basic requirements for your family members in Canada as well as the persons included in your sponsorship undertaking. You may also have a co-signer.

The minimum necessary income requirement is based on the size of your family and the number of people you are sponsoring and is assessed based on your income from the three years preceding your application. For example for a family of three sponsoring both their mother and father, the applicant (along with a potential co-signer) would need to show income of at least $65,377 in 2015 and $66,654 in 2016 and $67,400 in 2017. This amount varies based on the number of people in the family and those being sponsored. The income is verified based on proof of income from the Canada Revenue Agency (CRA).

Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case.

Top 5 tips for international students looking to study in Canada's Universities and Colleges

26/7/2018

Are you in the process of deciding which country you want to study in? Are you considering studying in Canada? Below are 5 tips that can help you as you make your decision to pursue higher education in Canada.

Remember if you are studying in Canada for a period of less than 6 months you do not need a study permit. However, you will need a valid visa to enter Canada or if you are from a visa-exempt country you will have to have an eTA. For those who want to study in programs that are longer than 6 months you must have a valid study permit to be enrolled.

1. Decide on your course of study: university or college?
Canada is home to dozens of high caliber universities and colleges that offer a wide range of courses and programs of study from one year diplomas to four year bachelor degrees, and highly specialized masters and doctorate programs. Depending on your interests and goals you will undoubtedly be able to find a program that will be suitable for you.

Historically colleges in Canada offered more vocational programs and universities had a more academic focus. While some colleges still retain specialized vocational programming, many colleges have grown and even offer bachelor programs. In addition, universities today have tried to incorporate more hand-on training in many of their programs and you will be able to find opportunities to participate in co-op programs that will allow you to put the skills you learn in the classroom into practice.

Whether you choose a college or university you want to be mindfull of one thing: if you wish to obtain a study permit the institution you are enrolling in must be a Designated Learning Institute (DLI). Also, if you plan on working in Canada after you finish your studies you should ensure that the program and institution you are enrolling in will qualify you for a post-graduate work permit.

2. Figure out the costs and explore scholarship opportunities
As an international student you will be paying international student tuition fees. These fees can range from $15000 to $45000 per year. There are also additional expenses for books, insurance and of course living expenses. These costs will vary depending on the institution that you choose and the local living expenses. However, you should figure out a budget for your studies and ensure that you have the necessary resources to cover all the expenses. This is particularly important when you are applying for your study permit because you must demonstrate to the visa officer that you have the necessary funds to cover the expenses related to your studies.

You should also note that as an international student you are permitted to work up to 20 hours per week. This income may be a helpful source of additional funds and more importantly a good way to gain experience in Canada. But given the cost of international tuition you cannot rely on this income to pay for your tuition fees.

For gifted international students there are opportunities to receive scholarships and obtain funding, particularly in masters and doctorate programs involving research. You should start your search early to give you enough time to explore these opportunities and prepare your scholarship and funding applications.

3. Look beyond the big cities
While the big universities in Toronto and Vancouver have an international reputation, there are great universities and colleges spread across Canada. From Halifax to Victoria you will find institutions offering outstanding programs and opportunities for international students. If you are planning on working after you graduate and applying for permanent residence there are also special programs in each province aimed at keeping local graduates that may help you in achieving your goal of settling in Canada permanently.

4. Language skills
In Canada you will be studying in one either English or French and entry to any college or university program will require that you demonstrate that you have sufficient language ability. You can do this by providing your language exams up front to show that you meet the language requirements of the institution and receiving an “unconditional acceptance” into the program. In some circumstances it is possible to study English or French at the institution and pass their own language exam to qualify for admission. However, this may impact your ability to obtain a study permit as this is considered a “conditional acceptance”.

There are also language colleges in Canada that offer programs in English and French. While they are popular, unfortunately the policy for granting study permits for these programs is not consistent globally and you are much less likely to get a study permit if there has been a gap of a few years since you last studied.

5. Stay on top of deadlines and paperwork
Studying in Canada can be a very rewarding experience: in addition to the academic experience upon graduation you will likely have an option to work and eventually settle in Canada. However the process of applying for study permits and maintaining your status as a student are very important and at times very complicated. You must make sure that you stay on top of your paperwork and submit your applications before the deadlines to ensure you can legally study in Canada.

When you are first accepted you must apply for a study permit in advance of the start of your study period and as you remain in Canada you must ensure that you apply for any required extensions or change of status applications before your status expires. This will ensure you always remain “in-status” meaning that you are legally in Canada. You should also be mindful of the deadlines for applying for a post-graduate work permit – if the deadline passes and you have not applied you will not be granted a post-graduate work and may be required to leave Canada before gaining any Canadian work experience that could qualify you to apply for immigration.

As you prepare to embark on this exciting path to study in Canada you can consult with an experienced immigration lawyer to better understand these important visa and immigration requirements and deadlines to ensure that the process proceeds as smoothly as possible.

Competition for International Students: How Canada's Strategies are Attracting the best and brightest

19/7/2018

The total number of students studying outside their home country has more than doubled since 2001. According to UNIESCO data, in 2017 more than 4.6 million students were studying internationally. With the increased number of international students, countries around the world are creating programs to specifically attract these students and are in direct competition to attract the best and brightest students.

For example Germany's government announced plans in 2013 to increase its number of international students to 350,000 by 2020. With its recruitment plans it was able to reach this goal by the 2016-2017 academic year. Similarly Australia released a strategy in 2016 for international education and by October 2017, the country increased enrollment by international students by 15% over the previous year and had 350,000 international higher education students. Even China, which is the source of the most international students is now among one of the top host countries and it has announced ambitious plans to attract even more international students.

Canada too has hopes to attract 450,000 international students by 2022 and it is very close to achieving this goal as over 300,000 international students chose Canada for the 2017-2018 academic year. So how are international students choosing where to study and how has Canada been such an attractive option for international students?

Given the high calibre of Canada's universities and the wide range of college programs and diplomas it comes as no surprise that Canada is a top choice for international students. While University of Toronto, Waterloo and McGill are internationally renowned, studying at any of Canada's universities and colleges is regarded with great respect. In addition to the great reputation of Canadian universities and colleges, these institutions have created recruitment strategies to specifically increase awareness about their programs and opportunities to attract top talent. These efforts are paying off as more and more students are applying to study at Canadian colleges and universities across Canada.

Once a student has chosen Canada and obtained an acceptance, he or she must have a study permit to be able to study in Canada.The government has also stepped up its efforts to process the study permit applications for international students more quickly and with more reliability. The increased reliability of the visa process makes Canada a safer choice for international students.

Finally, one of the reasons why international students are attracted to Canada is because of the government of Canada's efforts in creating opportunities and pathways to permanent residence and citizenship for international students. Over the last decade, Canada has adopted immigration programs to retain international students upon the completion of their studies.

Students can work while they study and upon completing recognized degrees or diplomas in Canada they qualify for a post-graduate work permit allowing them to work in Canada for up to 3 years. In November 2016 the Express Entry system was changed to introduce points for international students who complete a recognized degree or diploma in Canada, making it easier for international students to become permanent residents. The provinces are also trying to retain international students and offer unique provincial nominee programs for international graduates in their province.

Over the next few weeks I will be writing more about the studying in Canada as an international student. If you have any specific issues you would like see covered please feel free to email me at zeynab@ziaielaw.com.

2018 Parent and Grandparent Sponsorship Lottery Result

6/4/2018

The results of the 2018 Parent and Grandparent (PGP) Sponsorship lottery were announced beginning on 19 March 2018 and thousands of families across Canada received good news emails inviting them to submit applications to sponsor their parents or grandparents.

In 2017 Immigration, Refugees and Citizenship Canada (“IRCC”) introduced a new “lottery” system to select applicants to fill its quota of 10,000 applications. In 2017 more than 95,000 people registered with IRCC and while the 2018 numbers have not been released it will be at least the same if not more than last year.

If you are one of the lucky families that has been selected to submit a PGP sponsorship application you must act fast as applicants only have 60 days to submit a complete application.

Check your email (including your spam folder) or use the confirmation number to look up if you were selected online
Ensure that you meet the eligibility criteria (refer to my previous articles available on the Salam Toronto website) and if there are any questions regarding your eligibility you should speak with an immigration lawyer immediately
Gather all the required documents for yourself and your parents – whether you are applying for yourself or with the assistance of a representative, it is extremely important that your application is complete and meets all the requirements. I have unfortunately seen applications returned for missing a single check mark or photograph so it is imperative that you submit a complete application

While the key requirement for PGP sponsorship applications is the minimum necessary income you must show as the sponsor there are often complex questions that arise. In order to meet this income requirement, you can combine your income and that of a co-signer for the past three years. The co-signer can be your spouse or common-law partner. The co-signer must also be eligible to sponsor and co-sign the undertaking of support for the period of 20 years. What happens if the number of people in your family changes (you become married or a child) during the three years that you have to show income? What if you lose the support of your co-signer as part of the application? In these cases you should consult with an immigration lawyer as soon as possible to ensure that you are able to submit a successful application.

The amount of income you must have depends on the size of your family and the number of people you are sponsoring. For example, if you are a family of three sponsoring both your mother and father, you (along with a potential co-signer) need to show income of at least $65,377 in 2015 and $66,654 in 2016, and $67,400 in 2017. This amount varies based on the number of people in your family and those being sponsored. Your income over the three year period is verified based on proof of income from the Canada Revenue Agency.

Given the short period of time you have to submit your application you should try to submit your PGP application as soon as possible. If you were not lucky enough to receive an invitation do not give up and keep your confirmation number: last year not all the people who were selected in the first round submitted their applications and there was a second round announced in August 2017.

2018 Parent and Grandparent Sponsorship Program Announced

28/12/2017

The Minister of Immigration, Refugees and Citizenship gave those who want to sponsor their parents or grandparents an early holiday present by announcing that the sponsorship program will open for registration on 2 January 2018.

In 2017 Immigration, Refugees and Citizenship Canada (“IRCC”) introduced a new “lottery” system to select applicants to fill its quota of 10,000 applications. In 2017 more than 95,000 people registered with IRCC. This year, the system will work in a similar manner and starting on Tuesday 2 January 2018, if you want to sponsor your parents or grandparents you can register your interest by submitting the “Interest to Sponsor” form online.

The 2018 registration process will have one important difference: the registration process will ask more questions to ensure you actually meet the key eligibility requirements before completing the registration process. So what are the eligibility requirements? In order to be eligible to sponsor your parent or grandparent you must meet the following minimum requirements:

18 years of age or older;
a Canadian citizen, Registered Indian or permanent resident;
sponsor your parent or grandparent;
live in Canada;
sign an undertaking promising to provide for the basic requirements of the person you are sponsoring for a period of 20 years;
sign an agreement with the person you are sponsoring that confirms that each of you understands your mutual obligations and responsibilities; and
prove that you have sufficient income to provide the basic requirements for your family members in Canada as well as the persons included in your sponsorship undertaking.

The key requirement is the minimum necessary income you must show to support your sponsorship application. In order to meet this income requirement, you can combine your income and that of a co-signer for the past three years. The co-signer can be your spouse or common-law partner. The co-signer must also be eligible to sponsor and co-sign the undertaking of support for the period of 20 years.

The amount of income you must have depends on the size of your family and the number of people you are sponsoring. For example, if you are a family of three sponsoring both your mother and father, you (along with a potential co-signer) need to show income of at least $64,791 in 2014, $65,377 in 2015 and $66,654 in 2016 (the income figures for 2017 have not been announced yet). This amount varies based on the number of people in your family and those being sponsored. Your income over the three year period is verified based on proof of income from the Canada Revenue Agency.

There are a number of factors that prevent you from being able to sponsor such as if you are in receipt of social assistance (for any reason other than disability) or you are in default of a previous sponsorship undertaking, an immigration loan or family support payments. If you meet the eligibility requirements and are able to register your interest, here are some important tips to help you to sponsor your loved ones:

Review your tax filings and gather your Notice of Assessments for the last three years. If you have a co-signer, gather and review their documents as well. If your income (combined with your co-signer) is sufficient you can register online.
Consider that your co-signer has to agree to be part of your application until the permanent residence visa is issued for your parents or grandparents. If you believe that there is any reason why you may lose the support of your co-signer you should carefully consider whether you meet the eligibility requirements by yourself.
If you register yourself or use the services of an authorized representative (immigration lawyer or licenced immigration consultant) you should make sure to hold onto the registration code that is generated and check the email address you provide for the application process. There may be more than one selection round so you should keep your registration code safe to be able to check if there are subsequent rounds of selection.
If you are chosen to submit a sponsorship application you have a short period of time (likely 90 days) to submit your complete application including all original signed forms and supporting documents. Therefore you should be ready and able to compile the required documents for yourself and your parents very quickly.

And even if you sign up by yourself, make sure you do not lose your winning lottery ticket. IRCC is known to return applications that are missing a single signature or document. In order to be successful you have to submit a perfect sponsorship application either by yourself or with the assistance of an experienced lawyer. Good luck!

Increase in Age of Dependent Children Allowed in Immigration Applications

10/11/2017

Who qualifies as a “dependent child” in a Canadian immigration application? The answer to this important changed on October 24, 2017 when new regulations came into effect allowing certain young adult children to be included in their parents’ immigration application. The aim of these changes is to allow more families to remain together as a family unit and avoid breaking apart families with a view to making Canada a more attractive immigration destination.

Under the age definition of “dependent child”, an applicant for immigration can include his or her children who are below 22 years of age and are unmarried and not in a common-law relationship. In certain circumstances a child who is 22 years and older but has relied financially on his or her parents due to a physical or mental condition may also fit under the definition of dependent child.

Previous Definitions
This is a return to a similar maximum age that was in effect before August 2014. Prior to 1 August 2014, if your child was a young adult they could be considered a dependent child until the age of 22 years and in the case of children over 22 years old they could still be considered a dependent if they if they were full-time students since before turning 22 and were dependent financially on their parents. After 1 August 2014, the maximum age was set as “less than 19” and did not allow for any excpetions, other than with respect to children who were financially dependent on their parents due to a physical or mental health condition.

The latest changes take us back to a similar maximum age that was in effect prior to August 2014, with one important difference: a clear cut-off for the maximum age to be included as a dependent child. It was previously possible for a child to be over 22 years old but included in his or her parents’ immigration application as long as he or she could demonstrate that he or she was in full-time, continuous education. Assessing whether a child met this definition was not clear and was often a very time consuming process. The new definition clear: to be included in his or her parents’ immigration application he or she must be under 22 years of age (apart from a case where there is a documented physical or mental health condition as explained above).

What is the date at which age becomes “Locked-in”?
This is a very important question and will determine whether your child will meet the definition of dependent child or not. Generally, the locked-in age is determined at the time when a complete immigration application for permanent residence is received by Immigration, Refugees and Citizenship Canada (IRCC). In cases involving immigration through Quebec, the locked-in date is when the complete application is received by the Quebec immigration authorities. However, there are many immigration programs that are effectively a two step process and no complete application is submitted until later. For example, many provinces currently have an “Expression Of Interest” system in place where interested applicants submit preliminary applications and wait to be selected to proceed with their application. Similarly, under the “Express Entry” system, you first create a profile with all of your eligibility information and you cannot submit a complete immigration application until you receive an “Invitation To Apply” from IRCC. In these cases, it is important to note that even if your child is under 22 when you first start the process but they have become 22 years old before you submit your complete immigration application, they will not be locked in and generally will not be deemed to be a dependent.

Limited Time to Add Previously Excluded Young Adult Children to Your Immigration Application
I have been asked by applicants who have recently landed or who have application still under process about how this change in definition will affect their children who were 19, 20 or 21 at the time they submitted their immigration application. The answer will depend on exactly when you submitted your application and how old your child was at that time.

The good news is that for many children who were 19, 20 or 21 at the time their parents applied for immigration between August 1, 2014 and October 24, 2017, and who are unmarried and not in a common-law relationship, there may be an opportunity to either add your child back to your application or apply to sponsor your child. There is however a very limited period of time to act as you must inform IRCC about your dependent child before January 31, 2018.

Whether your application is still in process or you have landed in Canada based on an application between August 2014 and October 2017, the best course of action is to seek legal advice and find out what you can do for any dependent children that was not included in your application before the January 31, 2018 deadline.

Canadian Citizenship – Part 4: International Adoption – Immigration and Citizenship for your Adopted Child

7/11/2017

Adopting a child and welcoming him or her into your family is a beautiful and complex process. If you choose to adopt a child from outside of Canada, you will also need to think about how to bring your newest family member to Canada.

International adoption
The legal process of adopting a child is governed by the laws of the country where the child lives. Countries often have strict requirements for who qualifies as an adoptive parent and the process they have to go through in order to obtain legal status as a parent. Many countries also limit the ability of non-nationals to adopt children, making the international adoption process even more complex.

Since 1996 Canada has been party to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, also known as the “Hague Convention”. The Hague Convention was established to help regulate international adoptions with respect to the best interests of the child and with respect for their fundamental human rights. It is also intended to help prevent the child trafficking. Canada's commitments under the Hague Convention inform its own requirements for what is an acceptable adoption. Therefore, in order for an adoption to be accepted by Canadian immigration authorities, the adoption must meet the following requirements:

The adoption must be in the best interests of the child.
The adoption will create a genuine relationship of parent and child.
The adoption is in accordance with the laws of the place where the adoption took place and the laws of the country of residence where the adoptive parents reside.
The adoption must not have been entered into primarily for the purpose of acquiring immigration or citizenship status.
The adoption must not have occurred in a manner that circumvented the legal requirement for international adoptions.

In addition, if the adopted person is 18 years or older, a genuine relationship of parent and child must have existed between the adopted person and the adoptive parent before the adopted person turned 18 year old and at the time of the adoption.

As adoption laws and adoption authorities can vary greatly from country to country it is important that you obtain accurate advice from a lawyer or adoption agency in the country to understand the local requirements and processes before you embark on this journey.

How can you bring your child to Canada once the legal adoption process is complete?
Your options to bring your adopted child to Canada will depend on your legal status at the time of adopting your child. You can generally use either the “citizenship process” or “immigration process” to bring your child to Canada. Under the citizenship process, if you meet the requirements that are summarized below, your child will become a Canadian citizen and will enter Canada as a citizen. Under the immigration process, your adopted child will be granted permanent residence status and will obtain a permanent residence card upon landing in Canada. They can then become a citizen by meeting the requirements for naturalization.

Citizenship Process:
If one of the adopting parents is a Canadian citizen at the time of adoption you can apply for a direct grant of citizenship for your adopted child. Under this process there is no need for a medical examination that is required for potential immigrants to Canada. It is important to note that an adopted child who obtains citizenship in this manner may be affected by the law limiting citizenship by descent that I wrote about last week as they are born outside of Canada.

Immigration Process:
If neither of the adoptive parents are Canadian citizens at the time of adoption they will have to use the immigration process to sponsor their child to become a permanent resident in order to come to Canada. Also, adoptive parents who are citizens but subject to the first generation limit to citizenship by descent (and do not fall into one of the exceptions) will have to sponsor their children to obtain permanent residence. As this is an immigration process, your adopted child will have to undergo all necessary immigration checks including medical examinations, and in the case of non-minor children background and security checks are also required.

While the adoption and immigration process can seem complex at the outset, knowing the legal requirements and fully understanding the process can help make the journey a smoother one. Speaking with an experienced immigration lawyer and finding the right adoption agency to guide you through the process can be the first step towards bringing home your newest family member.