Dependent child — age calculation
Overview
In Canadian immigration, a dependent child is a biological or adopted child who is under 22 years of age and who does not have a spouse or common-law partner. Children 22 years of age or older may still qualify as dependants if they have been continuously enrolled in full-time studies (grandfathered applications pre-October 2017 only) or if they are financially dependent on the parent due to a physical or mental condition. The child's age is locked in at the date the application is received by IRCC — the child does not "age out" while the application is in processing.
The current under-22 rule replaced a previous under-19 rule (and before that, an under-22 rule with a full-time student exception) through regulatory amendments to the IRPR. The lock-in date is critical for applications that take years to process, such as refugee resettlement and family class applications from certain source countries with long wait times.
Legal basis
- IRPR s 2 — definition of "dependent child": a child who (a) is under 22 and does not have a spouse or common-law partner, or (b) has been financially dependent on the parent since before age 22 due to a physical or mental condition
- IRPR s 2 — the lock-in date for age is the date the application is received (for federal applications) or received by the province (for provincial nominee program applications)
- 2014 Regulatory Amendment — the age of dependency was lowered from under-22 (with a full-time student exception) to under-19, then restored to under-22 in 2017, with the full-time student exception removed
How it works
The under-22 rule
A dependent child must be under 22 years of age on the lock-in date. "Under 22" means the child has not yet reached their 22nd birthday. A child who turns 22 on the day the application is received is not a dependent child.
The lock-in date
The child's age is assessed at the time IRCC receives the application — not at the time of interview, assessment, or landing. Once locked in, a child who turns 22 during the processing period remains a dependant and does not age out of the application.
For permanent resident applications where IRCC has not yet made a decision and the processing time extends past the child's 22nd birthday, the child remains included in the application provided they were under 22 when the application was submitted.
For Provincial Nominee Program (PNP) applications: the lock-in date for provincial applications is the date received by the provincial authority. The child must also remain eligible at the time of the federal application submission.
The full-time student exception — removed in 2014, not reinstated
Prior to August 2014, dependants over 19 (and under the applicable age limit) could qualify as dependent children if they had been continuously enrolled as full-time students since before age 22. This exception was removed in 2014 when the age of dependency was lowered. When the age was restored to under-22 in 2017, the full-time student exception was not reinstated. Applications submitted before the relevant cut-off dates may have been grandfathered under the old rules.
Physically or mentally incapable exception
A child who is 22 years of age or older may still qualify as a dependent child if both of the following apply:
- They have been substantially dependent on their parent for financial support since before their 22nd birthday
- Their dependency is due to a physical or mental condition
This exception applies regardless of age — a 35-year-old child may qualify as a dependant under this provision if the condition has existed since before age 22 and has continued without interruption.
Including a child not accompanying the principal applicant
A child can be included in an application as a non-accompanying dependant. The child must still be declared on the application even if they are not travelling to Canada. Failure to declare a dependant — or failure to include them in a subsequent sponsorship — can lead to bars on later sponsorship of that child.
Adopted children
Adopted children of the applicant are treated identically to biological children for the purpose of the dependent child definition, provided the adoption meets the requirements of Canadian immigration law (genuine adoption, legal under both the law of the country of adoption and the law of the province of destination).