Photo by Chelsey Faucher on Unsplash
Most applicants think of their permanent residence application as a list of the people who are moving. IRCC does not see it that way. The application covers your family, and your family includes children who will never set foot in Canada: a child who lives with your former spouse, a teenager finishing school in your home country, a stepchild who stays with their other parent.
Getting this wrong is one of the few mistakes in immigration that cannot be repaired later. A child left off the application, or listed but never examined, can be permanently barred from being sponsored by you. This guide covers who counts as a dependent child, what IRCC expects when a child lives apart from you, and what the other parent has to sign.
Who counts as a dependent child
IRCC's definition has two routes. A child qualifies if they are "under 22 years old and don't have a spouse or partner." A child aged 22 or older qualifies only if they have depended on their parents for financial support since before they turned 22 and cannot financially support themselves because of a mental or physical condition.
Two things in that definition catch families out. First, the age test is about age and marital status, not about where the child lives or who pays for them. A 19 year old living with your former spouse in another country is still your dependent child. Second, the over-22 route is narrow. Being a full-time university student does not make a 23 year old a dependant under the current definition. The condition has to be mental or physical, and the dependence has to have started before 22.
Your spouse or partner's children count too. IRCC's list of family members who can come with you includes your spouse or common-law partner's dependent child, and a dependent child of a dependent child. A stepchild is not an afterthought on the forms.
The lock-in date freezes age, but not marital status
Applications take time, and children have birthdays. IRCC deals with this through an age lock-in date. For most programs, including the Federal Skilled Worker Program, the Canadian Experience Class and spousal sponsorship, the lock-in date is the date IRCC receives your complete application for permanent residence.
Some multi-step programs lock in earlier. For the Provincial Nominee Program it is the date the province receives the complete nomination application. For the Atlantic Immigration Program it is the date the province receives the complete endorsement application. For Quebec programs it is the date Quebec receives the complete application for a Certificat de selection du Quebec.
What does not freeze is marital status. IRCC's own example is plain: if the child's marital status changes while the application is being processed, the child becomes ineligible. A 21 year old who marries during processing stops being a dependent child, whatever their age was on the lock-in date. Families with an older child who is engaged should have that conversation before filing, not after.
Every dependent child must be declared, even if they are not coming
IRCC states that you must include all your family members in your application, even if they are not immigrating with you. That means your spouse or partner, your dependent children and any dependent grandchildren. It applies whether you are an Express Entry candidate, a provincial nominee or a sponsored spouse.
IRCC also states that all of these family members "must pass a medical exam and background checks" regardless of whether they accompany you. On non-accompanying dependants specifically, its help centre says every dependant must have a medical exam done by an approved panel physician, whether or not they are coming to Canada, and adds that "Having inadmissible dependants might make you inadmissible for permanent residence."
This is where a split family runs into practical trouble. The child is in another country, perhaps with a parent who is not cooperative, and now needs to attend a panel physician appointment. Start that conversation early. A child who cannot be produced for an exam is a problem you want to know about before you submit, not when IRCC asks for it.
What happens if a child is left off or never examined
IRCC warns that if you do not include all your family members, you could be refused entry into Canada, and you may not be able to sponsor the family members you left out at a later date.
The second consequence comes from paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations. A person is not considered a member of the family class in relation to a sponsor if the sponsor previously applied for permanent residence and became a permanent resident, and at the time of that application the person was a non-accompanying family member of the sponsor and was not examined.
In plain terms: a child who was your family member when you immigrated, who did not come with you and was not examined, cannot later be sponsored by you as a family member. There is one exception, in subsection 117(10). The bar does not apply where the child was not examined because an officer determined that the examination was not required. The exception rests on an officer's decision, not on your own view that the child was not relevant.
Custody and the other parent's consent
When a minor child is coming to Canada with you and the other parent is not, IRCC expects proof that the other parent does not object. The tool is the Declaration from Non-accompanying Parent/Guardian for Minors Immigrating to Canada, form IMM 5604.
- It is filled out by the non-accompanying parent or guardian, including a former spouse or former common-law partner.
- It must be witnessed by a notary public, and it must be printed and signed by hand.
- One form is needed per child immigrating to Canada without both parents or guardians.
- It must be sent with a photocopy of a valid and legible identity document for the parent signing it.
- By signing, the parent confirms they understand they may be permanently separated from the child.
IRCC's document page for the non-Express Entry Provincial Nominee Program shows what it looks for alongside the form: birth certificates showing the parents' names, proof of full custody for children under 18, proof that the children can leave the court's jurisdiction, and a copy of the non-accompanying parent's photo identification with signature. Adopted children need legally approved adoption papers from recognized authorities.
The phrase "leave the court's jurisdiction" deserves attention. A custody order that gives you primary care but requires the other parent's agreement or a court's permission for the child to relocate abroad is not the same as an order that lets you move. Read the order itself, not a summary of it.
Common split-family situations
| Situation | Declare the child? | What to plan for |
|---|---|---|
| Child lives with your former spouse and is not coming | Yes | Medical exam and background checks through the other household |
| Child is coming, other parent stays behind | Yes | IMM 5604 from the other parent, custody papers, proof the child can relocate |
| Your spouse's child from an earlier relationship | Yes, as your spouse's dependent child | Consent and custody documents from that child's other parent if the child is coming |
| Child aged 22 or over, studying full time | Only if they meet the condition-based route | Evidence of dependence since before 22 and of the condition |
| Child under 22 who has married | Not as a dependent child | A separate route of their own, if any |
When the other parent will not cooperate
This is the hardest version of the problem, and there is no form that solves it. If the child is meant to come with you, the IMM 5604 needs the other parent's signature before a notary. If they refuse, the realistic options run through the courts of the country where the child lives: a custody or relocation order that lets the child leave with you. That is family law in that country, and it is outside what an immigration application can fix.
If the child is not coming, you still need them examined. Explain to the other parent, in writing, that the exam keeps the child's own future options open and does not move the child anywhere. Keep a record of your requests. If a child genuinely cannot be examined, say so to IRCC honestly and in detail rather than leaving them off the forms. An honest explanation on the record is a far stronger position than an omission IRCC discovers later.
- My child lives with my former spouse and has no plans to move. Do I really have to list them?
- Yes. IRCC requires you to include all family members even if they are not immigrating with you, and they must pass a medical exam and background checks. Leaving them out can lead to refusal and can stop you sponsoring them later.
- My son turns 22 next month. Will he still count?
- It depends on his age on your program's lock-in date. For most federal programs that is the date IRCC receives your complete permanent residence application. For provincial nominee and Quebec routes it is set earlier, at the provincial stage. He must also stay unmarried and without a partner throughout processing.
- My former spouse says they will not sign anything. Can I just leave our child off the application?
- No. A child who is your family member must be declared whether or not they are coming. If the child is not coming, the other parent's consent form is not what is needed; the medical exam is. Explain the situation to IRCC honestly rather than omitting the child.
- Can I sponsor a child later if they were not examined when I immigrated?
- Under paragraph 117(9)(d) of the Regulations, a non-accompanying family member who was not examined when you applied is not considered a member of the family class in relation to you. The exception is where an officer decided the examination was not required.
- Does my stepchild need to be on my application?
- If they are your spouse or common-law partner's dependent child, yes. IRCC lists a spouse or partner's dependent child among the family members processed with you. If they are coming to Canada, expect custody and consent documents from their other parent.
- Can my children travel to Canada before me and wait there?
- No. IRCC states that your dependants cannot arrive in Canada before you. They must arrive with you or after you.
If your family is split across countries and you are not sure how a child should appear on your application, or what the other parent needs to sign, have it reviewed before you submit. Book a consultation
Last updated October 7, 2026.
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