您所在的位置 :

加拿大移民局提到的Dependent child指的是什么? 4690

阅读量:426次 加入收藏 分享到:
立达留学,国家教育部首批认证的出国留学机构,获全球顶级ICEF 教育参展组织机构认可留学中介(Screened Agency),全国留学机构服务联盟(COSSA)会员单位,北京留学服务行业协会(BOSSA)会员单位,中国教育国际交流协会自费出国留学中介服务分会理事单位,超过10年海外留学移民服务经验的资深专家,帮助数千名学子完成海外求学及成功就业梦想。
如果对留学及海外就业有任何疑问,欢迎拨打电话 022-2328-9071/9075

一般申请加拿大签证时,都需要申请人对访问目的进行确认,但是我们在做加拿大普通visitor visa, 探亲类的时候,会提供很多给你选,你应该怎么选呢?

 

以下是application portal提到的访问亲友的类型,看看你要选哪个?其中有一条很值得大家注意,什么是Dependent child(受抚养的子女)?

image.png

Dependent child(受抚养的子女)是加拿大定义的家庭成员一部分,那满足什么条件的child可以被算作dependent呢?

 

是申请人的亲生子女,且未被除配偶或普通法伴侣之外的他人收养;或是申请人的养子女;

子女年龄22岁以下,且没有配偶或普通法伴侣;或子女年龄22岁及以上,因精神或身体原因经济无法独立,在22岁生日前经济上就依赖于父母。

 

详情参考https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html


Who qualifies as a dependent child

Immigration, Refugees and Citizenship Canada (IRCC) officers must review and assess information provided in the application package or accessible in the Global Case Management System (GCMS) to do all of the following:

  • identify which lock-in procedure or regulation applies
  • determine the child’s locked-in age
  • determine if a child included in the application meets an applicable definition of a dependent child
  • determine which fees to apply

If the dependent child does not meet the current definition, officers must determine whether they should be processed under the definition of “dependent child” that applied between August 1, 2014, and October 23, 2017, or under transitional provisions implemented with the pre-August 1, 2014, amendment.

Age and level of dependency

As of October 24, 2017, to meet paragraph (b) of the definition of “dependent child” undersection R2, a child must be in one of the following situations:

  • under 22 years of age and not a spouse or common-law partner
  • 22 years of age or older, have depended substantially on the financial support of the parent since before the age of 22 and be unable to support      themselves financially due to a physical or mental condition (it is the financial dependency that must have been ongoing since before the age of      22. It is not necessary for the physical or mental condition to have existed before the age of 22.)

Dependent children who do not have a physical or mental condition must remain unmarried and not in a common-law relationship for the duration of processing, up until the point of becoming a permanent resident.

In regards to civil status, a dependant who is single, divorced or widowed, whose marriage has been annulled or who is no longer in a common-law relationship at the time of the initial receipt of the application is considered to meet the definition of a dependent child and must continue to meet the definition of a dependent child for the duration of processing.

For all applications received on or after October 24, 2017, this definition applies when an officer is determining whether a child qualifies as a dependant, and any reference to “dependent child” in the Immigration and Refugee Protection Act (IRPA) and its Regulations (IRPR) should be interpreted in terms of the new definition.

Learn aboutthe two previous definitions of dependent children, which applied from August 1, 2014, to October 23, 2017, and before August 1, 2014.

Note: An amendment has been made to correct an inadvertent omission in the transitional provisions for the August 1, 2014, amendment, to include a dependent child who made an application as a principal applicant as a member of the family class on or before July 31, 2014.

Relationship between a parent and a dependent child

A dependent child is either a biological child or an adopted child of a parent [R2(a)]. The term “biological child” has been interpreted to include children in any one of the following situations:

  • was born to the parent making the application
  • is not genetically related to the parent making the application, but was born to the person who, at the time of the birth of the child, was that parent's spouse, common-law partner or conjugal partner
  • was born through the application of assisted human reproduction technologies

Acceptable proof of a biological relationship between a child and a parent is a birth certificate or baptismal certificate.

The section R2 definition allows for a child born through assisted human reproduction technologies, such as in vitro fertilization, to be recognized as a dependent child, provided the female spouse or partner gave birth to the child and that it is consistent with Canadian family law, under which the spouse or common-law partner of the birth parent is usually presumed to be the other legal parent even if there is no genetic relationship to the child.

In these cases, documents suitable for establishing parent-child relationships are birth certificates or other documents, as well as authorized evidence indicating that the person claiming to be the parent is the birth mother or the spouse or common-law partner of the birth mother at the time of birth. Evidence must also indicate that the parents availed themselves of assisted human reproduction technologies.

If the child was born from a surrogacy arrangement in a foreign country and is legally the child of the sponsor or their spouse or partner in that jurisdiction, the child may be a “biological child” if there is also a genetic parent-child relationship. If there isnogenetic or gestational link to the sponsor or their spouse or partner, the child is not a biological child. The officer may consider granting permanent residence on humanitarian and compassionate grounds, but caution should be used to mitigate the risk that the child was purchased or trafficked.