Regulation 131 — Dependent children
Text of provision
The sponsor’s undertaking shall be given
(a) to the Minister; or
(b) if the sponsor resides in a province that has entered into an agreement referred to in subsection 8(1) of the Act that enables the province to determine and apply financial criteria with respect to sponsorship undertakings and to administer sponsorship undertakings, to the competent authority of the province.
Plain English
Regulation 131 provides that a dependent child is a biological or adopted child who is under 22 years of age and not a spouse or common-law partner. Children 22 and over may qualify only if they have continuously relied on a parent for financial support and are unable to be financially self-supporting because of a physical or mental condition.
The age cutoff is assessed at the time the application is locked in, not at the time of landing.
Practical effect
The age lock-in rule means that a child who was under 22 when the sponsorship application was submitted retains dependent child status even if they turn 22 before landing. This protects against children "aging out" during lengthy processing times. The change in 2014 (from 19 to 22 as the age cutoff) expanded access for families with older children in education. Children who turn 22 between the time of application and landing must show they still qualify under the financial dependency exception if they are not students.