Dependant Sponsorships

Legal Guide to Family Class Sponsorship, Minor Children, and LICO Thresholds

Under the Family Class of the Immigration and Refugee Protection Act (IRPA) and its Regulations (IRPR), Canadian citizens and permanent residents may sponsor eligible dependent family members for Canadian Permanent Residence (PR). This pathway is designed to support family reunification while upholding statutory financial and admissibility conditions.

Statutory Definition of a Dependent Child

Under Section 2 of the IRPR, a child is considered a dependent if they meet the following age and marital criteria at the time of application submission (the “age lock-in date”):

Criteria for Dependent Child Status

1. Under 22 Years of Age: Must be under 22 AND not a spouse or common-law partner (unmarried).
2. Age 22 or Older (Overage Dependant): Qualifies ONLY if they:
   • Have depended on their parents for financial support since before turning 22, AND
   • Are unable to financially support themselves due to a physical or mental condition.

Age Lock-in Rule:

The age of a dependent child is “locked in” on the date IRCC receives a complete PR application. Even if the child turns 22 during processing, they remain eligible provided they were under 22 on the lock-in date and remain unmarried.

Financial Commitments & LICO Exemptions

Sponsors must sign a legally binding Undertaking with the government, committing to provide for the essential needs of the sponsored dependent.

The Low Income Cut-Off (LICO) Rules

Section 117(9)(d) & The Undeclared Family Member Trap

One of the most critical legal risks in Canadian family immigration is the Section 117(9)(d) IRPR bar:

• The Rule: If a sponsor failed to declare a family member (spouse or dependent child) on their own original PR application—or declared them but failed to have them examined—that relative is permanently barred from being sponsored under the Family Class.
• Mitigation: Rare relief may be sought under Humanitarian and Compassionate (H&C) grounds under IRPA Section 25(1), but success rates are low and thresholds are strict.

Custody & Minors: Sponsoring Dependent Children

When sponsoring a minor child (under 18) from a previous relationship, legal practitioners must ensure compliance with international custody laws and non-sponsoring parent rights:

1. IMM 5604 (Declaration from Non-Accompanying Parent): The non-sponsoring parent with legal custody rights must sign a notarized declaration permitting the minor child to permanently immigrate to Canada.
2. Court Orders / Sole Custody: If the non-sponsoring parent refuses to consent, the sponsor must provide legal proof of sole custody granted by a court of competent jurisdiction.
3. Medical Examination Mandatory: Even if a non-accompanying minor child is not immigrating at the time, they must undergo an IRCC medical exam to preserve future sponsorship rights under IRPR s. 117(9)(d).

Application Steps

1. Assess Dependency Status: Confirm age lock-in and whether LICO requirements apply.
2. Compile Proof of Relationship: Biological birth certificates, adoption papers, or DNA test results if requested by IRCC.
3. Submit Integrated Package: File the sponsor application alongside the dependent’s PR application via the IRCC Permanent Residence Portal.