Cathy’s Case: Immigration refugees citizenship

Cathy’s Case:

Cathy, a Canadian citizen is seeking to sponsor her husband, Spencer, and Spencer’s son, Tom.

Cathy submitted a complete sponsorship application to the Case Processing Centre in Sydney (CPC-S) on June 1st, 2018. At that time, Tom was 20 years old, a full-time student, and had never been married. Cathy has been informed from a reliable source that the processing of these types of applications is taking three (3) years. She has also been advised that anyone included in a family class application must continue to meet the requirements of being a family member of the applicant (Spencer) or of the sponsor (Cathy) both at the time the application is made and at the time of the determination of the application.

Cathy is concerned that while Tom meets the requirements of being Spencer’s dependent child now, in three years time he will be 23 years old and no longer meet the definition of dependent child when the application is finalized and a determination is made.

Cathy comes to your offices seeking advice.

What would you advise Cathy regarding Tom’s eligibility as a dependent child? Is the lock-in age regulation applicable in this case?

Tom has a girlfriend named Teresa. They are thinking about getting married. What advice, if any, would you give Cathy regarding Tom’s idea of getting married to Teresa?

Ensure that along with your opinion you cite relevant sections and subsections of the IRPA, IRPR, Operations Manuals and/or Jurisprudence in your response.

Operation Manual Website:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html