Surprising Requirements for Dependent Children from Previous Relationships in Canadian Immigration Applications

ALL children of an applicant for PR who are aged 21 or under must complete an immigration medical exam (IME) by a panel physician as part of their parent’s PR application. This is just one of the surprising requirements surrounding how dependent children are treated in Canadian immigration applications.

In this article we will discuss the immigration medical exam, as well as the other important requirements that you can’t skip for your PR application if you have children.

Understanding Dependent Children in Canadian Immigration Law

Under Canadian immigration law, a dependent child is defined as an individual under the age of 22 who does not have a spouse or common-law partner. This definition also extends to children over the age of 22 in certain circumstances who are financially dependent on their parents due to a physical or mental condition.

Certain requirements apply when an applicant for permanent residence has a dependent child from a prior relationship.

Documents Required for Dependent Children

Even if the dependent child will not become a permanent resident in Canada together with their parent, the parent will still need to include in their own PR  application

• a copy of the dependent child’s long-form birth certificate displaying the parents’ names.

However, if the child is to receive a permanent resident visa, additional documentation will be needed for the application, including:

• A copy of the child’s valid passport
• Two Canadian passport photos of the child,
• Other specified documents based on the child’s country of citizenship

Immigration Medical Exam for Dependent Children

To be clear, ALL children aged 21 or under of an applicant for PR must undergo an immigration medical exam as part of their parent’s PR application.

Regardless of custody arrangements in place in any country, it is required by law for all dependent children to undergo an Immigration Medical Examination (IME) conducted by a government-approved physician any time their parent is applying for PR in Canada.

If the medical exam is done after the PR application is submitted, such as with a spousal sponsorship application, the child will receive instructions to schedule their medical exam at the same time their parent receives their instructions. If the medical exams must be done up front, such as with an Express Entry application, both the parent and the child’s medical exam should be completed before the PR application is submitted.

Per Immigration Regulation 117(9)(d), failure to complete a dependent child’s medical exam before the parent’s permanent residency status is granted will result in the child no longer being recognized as part of the parent’s family under Canadian immigration law. This means that the child can never be sponsored to Canada.

Declaration by Non-Accompanying Parent

For a dependent child under 18 years old to immigrate to Canada without one of their parents, regardless of any existing joint custody arrangements, the non-accompanying parent must sign a statutory declaration granting permission for the child to become a permanent resident in Canada.

This declaration is an official IRCC form known as Form IMM5604, provided by the government of Canada and available in English or French. To ensure that the statutory declaration is completed correctly, the form must be notarized by a notary public proficient in either English or French. The notary will also review and stamp a photocopy of the parent’s photo ID. Correct completion and notarization of this form are essential for the child’s immigration application process.

This form itself must be correctly completed by the non-accompanying parent, and must be notarized by a notary public at the time it is signed by the non-accompanying parent.

The non-accompanying parent must also provide a photocopy of a photo ID, which the notary public should also stamp to indicate that they have reviewed the document.

If the form IMM5604 Statutory Declaration of Non-Accompanying Parent is

• Omitted
• Not completed properly, fully, and with correct information
• Not signed correctly
• Not notarized correctly

then, the dependent child cannot be granted permanent residence in Canada under Canadian immigration law.

The only instances where an application for PR will be considered complete, and the dependent child will be granted PR without the IMM5604 are:

• The child’s non-accompanying parent is deceased, and a copy of the death certificate is provided
• The parent applying for PR has full custody of the child granted by a court with accompanying documentation

Informal co-parenting agreements, or situations where the non-accompanying parent is absent will not allow the child to be granted permanent residence. In such a situation, the parent applying for PR must either be granted full custody of the child by a court, or the non-accompanying parent must sign the statutory declaration in the prescribed way.

The above information applies to all children of applicants for permanent residence who are considered dependent children under Canadian immigration law.

If you are not sure whether a child is considered a dependent child, or whether a child needs a medical exam or statutory declaration, contact us.