IRCC hikes maximum age of dependants to 22

Toronto immigration lawyer Robin Seligman tells AdvocateDaily.com that immigrant families will benefit from an expanded definition of dependants.

On Oct. 24, Immigration Refugees and Citizenship Canada (IRCC) officially changed the boundary of its dependant definition from “under 19” to “under 22,” in a move that was promised earlier this year.

“This is great news for families, who will find it easier to stay together with this newly expanded category,” says Seligman, principal of immigration law boutique Seligman Professional Corporation.

In a release explaining the rationale for the changes, IRCC said the higher age reflects the global socioeconomic trend for children to stay at home longer for a variety of reasons, including the pursuit of further education.

Under the new rules, older immigrants will be able to study in Canada, “thereby boosting the pool of applicants from which Canadian post-secondary schools can draw talented students. Upon graduation, these individuals would be equipped with a Canadian education and be able to contribute to Canada’s economy,” the statement continues.

“Raising the age of dependants lets more families stay together. This will bring economic and social gains to our country as it enhances our attractiveness as a destination of choice for immigrants and refugees,” added Ahmed Hussen, the federal minister of immigration, refugees and citizenship.

Seligman says the policy shift marks a welcome return to the situation which existed before August 2014, when former prime minister Stephen Harper’s administration reduced the age for dependants as part of an overhaul of immigration law.

However, the change will not apply retroactively to those who submitted their applications after August 2014, but before the IRCC's new rule comes into effect on Oct. 24.

In certain circumstances, children over the age of 22 can be considered dependants, and the federal government has created a web tool designed for parents who want to see if their child qualifies. It can be found here.