移民加拿大的受抚养子女（Dependent Child）最大年龄限定提高到21岁

加拿大政府新的举措可能会影响到所有加拿大移民申请项目，即加拿大计划变更受抚养子女的年龄定义，将最大年龄从目前的小于 19 岁提高到小于 22 岁（例如 21 岁或者以下），此举味着处于该年龄段的永久居民申请人的子女届时也可以随父母一起移民。如果该计划最终批准，将会在 2017 年秋季开始实施。

目前，年龄只有处于 19 岁及以下的申请人的受抚养子女才可以随作为申请人的父母一起申请加拿大永久居民。最大年龄限定的变更涉及到所有加拿大移民和难民、以及家庭团聚（担保）类移民项目。加拿大政府在声明中对目前的年龄规定评价道： “too restrictive”。

该年龄限定的变更可能会受到很多加拿大境内移民的欢迎，因为他们可以担保自己 19-21 岁间的子女移民到加拿大。而且，届时世界各地潜在的申请人也可以带自己的子女一同申请移民到加拿大。很显然，根据目前规定，这个年龄段的孩子不能申请随父母一同移民加拿大。

本网站（时光在路上，https://www.timezls.com，ｈｔｔｐs：／／ｗｗｗ．ｔiｍｅｚｌｓ．ｃｏｍ）采用BY-NC-SA协议进行授权，凡本网强调版权为本网所有的文/图，使用时必须注明文章来源，违者本网将依法追究责任。本网在文章中注明来源的文/图等稿件均为转载或经过编辑整理，本网出于传递更多信息之目的，并不意味着赞同其观点或证实其内容的真实性。如其他媒体、网站或个人从本网下载使用，必须保留本网注明的稿件来源信息，并自负版权等法律责任。如果您看到这两段隐藏文字，说明您在浏览器设置中关了JavaScript属性。关闭此属性后本站一些功能将会丢失，排版可能会导致错乱，请不要这样做。

背景

如果翻看以前的记录，你就会发现这一年龄设定是多么“曲折”。前一任的保守党政府在 2014 年 8 月 3 日调低了 "dependent children" 的最大年龄限定，即从小于 22 岁降低到小于 19 岁。而在此之前，2002 年 6 月 28 日 - 2014 年 7 月 31 日之间，最大年龄设定为 22 岁。（我以前的文章：什么是“dependent child”）

去年大选前，自由党许诺放宽家庭团聚类移民项目，执政后多次重申这一承诺，而最新的年龄变更正是对这一承诺所采取的新举措。

官方公报中勾勒出新的变化：

当家庭成员重新团聚成为新的经济单元时，他们会融入加拿大，他们的工作能力、对社会的贡献都会得到提升。

另外，加拿大统计局提供的人口统计方面数据也反映了这一变化：2011 年统计数据显示，20 - 24 岁年龄段的青年和父母生活在一起的人数超过一半（男性为 63.3%，女性为 55.2%）。在过去几十年中，这一比例不断增加，特别是年轻女性，这一比例已从 1981 的 33% 上升到 2011 年的 55.2%。关于年龄限制的变更可以确保加拿大移民项目与加拿大人口统计趋势保持一致。

教育优先

加拿大政府年龄限制变更的文件中已明确表明这样一个事实，即许多子女接受高等教育期间仍需要自己父母供养。而这一新规定有助于帮助年轻人在加拿大接受高等教育。

政府公报中承认，在现行经济类移民项目中，许多年龄在 19 岁到 21 岁之间的年轻人不能申请加拿大永久居民身份，政府基本上拒绝了给他们和在加拿大的家人团聚的机会。对于目前的经济类移民项目，主申请人可以带子女移民的规定中，子女最低年龄为 18 岁，而许多年轻人申请时并没有所需的教育水平或工作经验。因此，这一年龄规定的变更可以让这些年轻人在求学时就能获得永久居民身份。

应该重视教育。进入劳动力市场之前，接受高等教育时，这些孩子仍旧和自己的家庭在一起，这种情况并不罕见。。。受抚养子女最大年龄的调整适应了社会经济学趋势，即子女在家与父母共处的时间更长，特别是在求学的漫长时间内。
尤其是，最大年龄的提高可以让许多专上学生。。。能够以受抚养子女身份完成很多大学学习。

这一新规定仍处于公示阶段，有 30 天公示期。在此期间 IRCC 将会接受公众评论意见。希望就此发表看法的个人可以联系社会移民政策和计划署的主管 David Cashaback，电子邮件地址为： IRCC.AgeofDependentChild-Enfantacharge.IRCC@cic.gc.ca 。

对 IRCC 网站上官方文件翻译，可以参考我前一篇文章：《受抚养子女（Dependent Child）最大年龄限定变更》。

附文：官方公示的相关文件

Regulations Amending the Immigration and Refugee Protection Regulations (Age of Dependent Children)

Statutory authority

Immigration and Refugee Protection Act

Sponsoring department

Department of Citizenship and Immigration

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Government of Canada has established as a priority for the immigration program the goal of family reunification, which is about giving family members the opportunity to live with or near each other, instead of being separated by borders and long distances. It is recognized that many young adults remain with their parents for a longer period of time. Given the importance placed on education, it is not unusual for some children to remain with their nuclear family while pursuing higher education before entering the labour market. The current definition of “dependent child” in the Immigration and Refugee Protection Regulations (the Regulations) is limited to persons less than 19 years of age and is therefore too restrictive.

Background

The definition of “dependent child” in the Regulations is used to determine whether a child may be eligible to immigrate as a family member of a principal applicant in all immigration classes (economic, family and refugee/humanitarian), as well as a principal applicant who may be sponsored in the family class immigration program.

Under the current Regulations, a “dependent child,” in respect of a parent, is a biological or adopted child and is in one of the following situations of dependency, namely

(i) is less than 19 years of age and is not a spouse or common-law partner, or
(ii) is 19 years of age or older and has depended substantially on the financial support of the parent since before the age of 19, and is unable to be financially self-supporting due to a physical or mental condition.

The definition of “dependent child” has evolved over the years. From June 28, 2002, to July 31, 2014, the eligibility age of a dependent child was under 22 years, provided that they were not a spouse or common-law partner. This age limit was intended to reflect the trend of children staying longer at home with their parents, such as those studying full-time for lengthier periods and hence remaining during that time in a situation of dependency. (see footnote 1)

Based on Immigration, Refugees and Citizenship Canada (IRCC) administrative data, between 2002 and 2014, dependent children represented, on average, 28% of all immigration applications approved annually (approximately 72 000 per year). Of these dependent children, approximately 11% were 19 years of age or older: 7% were between 19 and 21 years of age and 4% were 22 years of age or older.

Effective August 1, 2014, the age limit for dependent children was reduced from under 22 to under 19 years of age. This regulatory amendment was intended to enhance the economic integration of immigrant dependent children and was informed by evidence that older immigrants have a more challenging time fully integrating into the Canadian labour market, which was considered more evident for immigrants who are not selected solely for their economic potential. (see footnote 2)

Objectives

A primary objective of this regulatory amendment would be to enhance family unity and reunification by enabling Canadians and permanent residents to bring their young adult children between 19 and 21 years of age to Canada. This is consistent with one of the main stated objectives of the Immigration and Refugee Protection Act: “to see that families are reunited in Canada.”

The proposed changes would also correct outstanding technical errors inadvertently made in the Regulations pertaining to dependent children, namely

A grammar error in the French definition of “dependent child”; and
An error in the August 2014 amendment’s transitional provisions that results in the unintentional exclusion of in-process applications (filed before August 1, 2014) for dependent children, who are themselves principal applicants, from being eligible under the pre-amendment definition. The current wording of this transitional provision unintentionally limits its scope to dependent children of adult immigrant applicants, as opposed to including child principal applicants who are sponsored by their Canadian citizen or permanent resident parents.

Description

This proposal would amend the definition of “dependent child” in the Regulations from “less than 19 years of age” to “less than 22 years of age,” thereby increasing the maximum age of dependent children.

Related amendments would be made to other sections of the Regulations, specifically those concerning fees, sponsorship duration, and residency obligations, to ensure consistency with the intention of those provisions, in line with the new definition of “dependent child.”

The proposal would correct a reference from “dependant child” to “dependent child” in the French definition.

The proposal would also correct the transitional provision of the August 1, 2014, “dependent child” regulatory amendment to enable dependent children who filed their applications before that date, and are themselves principal applicants, to benefit from the broader pre-amendment definition (as was intended), as of the coming into force of these Regulations.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal. The proposed amendment would not impose incremental administrative or compliance costs on business.

Small business lens

The small business lens does not apply to this proposal, as the proposed measure would not result in additional costs to small business.

Consultation

The Department has informed the provinces and territories of this proposal, and discussions have begun on program harmonization with these governments.

Rationale

When families are able to remain together as an economic household unit, their integration into Canada and their ability to work and contribute to their communities all improve. The proposed increase of the maximum age of dependent children is consistent with the underlying socio-economic trend that children remain at home longer with their parents, particularly those studying for lengthier periods. For example, some young adults complete high school at a later age than average. In 2009–2010, while 77% of the population in Canada under 24 years of age completed high school between 18 and 19 years of age, an additional 13% of this population completed high school between 20 and 24 years of age. (see footnote 3)

Whether studying or not, many young adults in Canada and other countries live with their parents. The 2011 Census found that over half of all young adults from 20 to 24 years of age lived with their parents (63.3% of young men and 55.2% of young women). (see footnote 4) This proportion has increased in recent decades, particularly for young women, rising from 33% in 1981 to 55.2% in 2011. Similarly, in the United States, more young adults, particularly women, are living with family longer than in the past. (see footnote 5)

An increase to the upper age limit of the “dependent child” definition would therefore more closely align Canada’s immigration programs with the Canadian and international experience. Notably, the proposed higher age limit would enable many post-secondary students — who complete a degree at a median age of 24.8 years of age (see footnote 6) — to be eligible as dependent children through much of their undergraduate studies. These young adults would be unlikely to be eligible for permanent resident status as principal applicants under an economic immigration program, until they have completed post-secondary education and gained significant work experience.

Implementation, enforcement and service standards

If approved, these Regulations would be anticipated to come into force in fall 2017.

The Department would make the necessary changes to application processing systems, and would issue program delivery instructions to inform staff, including immigration officers, of the amended age limit. The public and stakeholders would be informed of these changes.

For applicants who submit a permanent resident application on or after the coming-into-force date, the new definition of “dependent child” would apply.

Contact

David Cashaback

Director

Social Immigration Policy and Programs

Immigration Branch

Immigration, Refugees and Citizenship Canada

Email: IRCC.AgeofDependentChild-Enfantacharge.IRCC@cic.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsections 5(1) and 14(2) (see footnote a), section 32 (see footnote b)and subsection 89(1) (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Age of Dependent Children).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to David Cashaback, Director, Social Immigration Policy and Programs, Immigration Branch, Immigration, Refugees and Citizenship Canada (email: IRCC.AgeofDependentChild-Enfantacharge.IRCC@cic.gc.ca).

Ottawa, October 20, 2016

Jurica Čapkun

Assistant Clerk of the Privy Council

Regulations Amending the Immigration and Refugee Protection Regulations (Age of Dependent Children)

Amendments

1 Subparagraphs (b)(i) and (ii) of the definition dependent child in section 2 of the Immigration and Refugee Protection Regulations (see footnote 7) are replaced by the following:

(i) is less than 22 years of age and is not a spouse or common-law partner, or
(ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge)

2 Subsection 61(6) of the Regulations is replaced by the following:

Child

(6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, child means a child who is not a spouse or common-law partner and is less than 22 years of age.

3 (1) Subparagraphs 132(1)(b)(ii) and (iii) of the Regulations are replaced by the following:

(ii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes a permanent resident, on the earlier of
- (A) the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident, and
- (B) the day on which the foreign national attains 25 years of age,
(iii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older on the day on which he or she becomes a permanent resident, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident,

(2) The portion of paragraph 132(2)(b) of the Regulations before subparagraph (ii) is replaced by the following:

(b) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes a permanent resident, the later of
- (i) the day on which the foreign national attains 22 years of age, and

(3) Paragraph 132(2)(c) of the Regulations is replaced by the following:

(c) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older on the day on which he or she becomes a permanent resident, on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident;

(4) The portion of subsection 132(4) of the Regulations before paragraph (a) is replaced by the following:

Agreement

(4) Subject to paragraph 137(c), if the person is to be sponsored as a member of the family class or of the spouse or common-law partner in Canada class and is 22 years of age or older, or is less than 22 years of age and is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor, the co-signer, if any, and the person must, before the sponsorship application is approved, enter into a written agreement that includes

4 Subparagraph 295(1)(a)(ii) of the Regulations is replaced by the following:

(ii) in respect of a principal applicant who is a foreign national referred to in any of paragraphs 117(1)(b), (f), (g) or (h), is less than 22 years of age and is not a spouse or common-law partner, $75,

Transitional Provisions

5 (1) The definition dependent child in section 2 of the Immigration and Refugee Protection Regulations, as it read on July 31, 2014, applies in respect of a dependent child who made an application as a principal applicant for a permanent resident visa as a member of the family class on or before that date.

(2) Section 25.1 of the Immigration and Refugee Protection Regulations does not apply in respect of a dependent child referred to in subsection (1).

6 Section 132 of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, continues to apply in respect of a sponsor’s undertaking arising from a sponsorship application made before that day.

Coming into Force

7 These Regulations come into force on the day on which they are registered.

Footnote 1:“Delayed Transition of Young Adults” (2007). Statistics Canada.
Footnote 2: Sources include IRCC analysis of the Longitudinal Immigration Database. Schaafsma, Joseph, and Arthur Sweetman (2001). “Immigrant Earnings: Age at Immigration Matters.” Canadian Journal of Economics. November 2001, Vol. 34, Issue 4, pp. 1066–99.
Footnote 3: McMullen, Kathryn, and Jason Gilmore (2010). “A Note on High School Graduation and School Attendance, by Age and Province, 2009/10.” Statistics Canada.
Footnote 4: Milan, Ann (2016). “Diversity of Young Adults Living with their Parents.” Statistics Canada.
Footnote 5: Pew Research Centre (2015). “Record Share of Young Women are Living with their Parents, Relatives.”
Footnote 6: Dale, Meghan (2010). “Trends in the Age Composition of College and University Students and Graduates.” Statistics Canada.
Footnote 7: SOR/2002-227
Footnote a: S.C. 2013, c. 16, s. 4
Footnote b: S.C. 2014, c. 39, ss. 309(2) and (3)
Footnote c: S.C. 2012, c. 17, s. 30
Footnote d: S.C. 2001, c. 27

附文来源：http://gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg2-eng.html