Immigration Act and Regulations
The “R” numbers i.e. “R6(1)” refers to Immigration regulation 6, subsection
(1) pursuant to The Immigration and Refugee Protection Act
Applications for permanent residence in Canada include:
• the principal applicant;
• their spouse or common-law partner;
• dependent child of the principal applicant or of their spouse
or common-law partner;
• dependent child of a dependent child of the principal applicant
or of their spouse or common-law partner.
“Lock-in Dates” for dependents
The age of accompanying dependent children is “locked in” on the
date of application, but dependence is not. If a child is under the age
of 22 on the date of application but 23 when the visa is issued, they
may still be included as part of the parent’s application as an accompanying
dependent, as long as they still satisfy the other elements of the definition
of a dependent child. If a child over the age of 22 is considered a dependant
on the date of application by virtue of R2(b)(ii) or (iii), i.e., financially
dependent due to full-time study or physical or mental condition, then,
the child must still meet the requirements of these provisions at the
time of visa issuance in order to be included in the parent’s application. All dependents must be “admissible”
The principal applicant and all persons described above must be
determined to be admissible, even if they have no intention of accompanying
the principal applicant, in order for visas to be issued to the principal
applicant or any accompanying family members. All family members, accompanying
or not, are required to be examined unless an officer decides otherwise.
Normally, any inadmissible family member would render the principal
applicant inadmissible as well [A42; R23]. There are, however, two
exceptions to this rule described in R23. The first is the separated
spouse of the applicant. The second is a child of the applicant who
is in the legal custody of someone other than the applicant or an accompanying
family member, or where someone other than the applicant or an accompanying
family member is empowered to act on behalf of that child, by virtue
of a court order or written agreement or by operation of law.
If an applicant’s separated spouse or their children who are in
the custody of someone else are inadmissible, their inadmissibility would
not render the applicant inadmissible. Because separated spouses can
reconcile and custody arrangements for children can change, examination
is required in order to safeguard the future right to sponsor them in
the family class. If these family members are not examined, they cannot
be sponsored in the family class in the future under R117(9)(d), unless
R117(10) applies. Adding Family Members to Applications
Family members can be added to the application at any time during
the process, including after the visa is issued but prior to obtaining
permanent resident status. Applicants should be counseled to inform
the visa office immediately if their family composition has changed.
Please see OP 2 Section 7.7 for more information. To include adopted
children, spouses, or common-law partners as accompanying family members,
R4 requires that the relationship must be genuine and not one entered
into primarily for immigration purposes. If additional family members
are added to the application during processing, medical and security
clearance must be obtained for each family member before a final decision
is made
National Occupation Classification (NOC)
The NOC is the official governmental classification system of occupations in
the Canadian economy. It describes duties, skills, aptitudes, and work settings
for all occupations in Canada. For the purposes of skilled worker applications,
the “Employment Requirements” listed in the description of each occupation
are not applicable. The NOC 2006 can also be accessed online at http://www23.hrdc-drhc.gc.ca
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