One of the most sensitive issues in the process of applying through the Express Entry system is the proper declaration of children. This concerns not only the technical step of entering information in the electronic profile, but also directly determines the child’s legal status, the possibility of accompanying the principal applicant to Canada, and the future opportunity for family reunification. Mistakes at this stage can have irreversible consequences, including the complete loss of the right to sponsor the child later and the risk of being found guilty of misrepresentation.
Legal Definition of a Dependent Child
Canadian immigration law sets out strict criteria for who qualifies as a dependent child. Under the Immigration and Refugee Protection Regulations (IRPR), a dependent child is defined as a person who, at the time of application:
- is under 22 years of age and not married or in a common-law partnership; or
- is 22 years of age or older, but has a chronic physical or mental condition that makes independent living impossible and has been financially dependent on their parents since childhood.
It is important to stress that being a university student, financially dependent, or living in the same household with parents are not sufficient grounds for recognition as a dependent child under Canadian law.
Declaration of Children at Different Stages of Express Entry
Profile Creation (before ITA)
At the profile stage, before receiving an Invitation to Apply (ITA), the Express Entry system does not provide a technical option to enter personal details of children. Applicants can only indicate the total number of family members, which is then used to calculate the required settlement funds (Proof of Funds).
For example, if the principal applicant has a spouse and one child, they must indicate a family size of three, but the child’s name or date of birth cannot be added at this stage.
Submission of the Electronic PR Application (after ITA, eAPR)
Once an ITA has been issued, the applicant moves to the stage of submitting the electronic Application for Permanent Residence (eAPR). At this point, the “Dependents” section becomes available, where detailed information about each child must be provided, including full name, date of birth, passport details, and whether the child will accompany the applicant. Supporting documents must also be uploaded, such as the birth certificate, passport, photographs, and guardianship documents if applicable. If the child is accompanying, the corresponding government processing fee must be paid.
The Principle of “Lock-in Age”
Of particular significance is the principle of “lock-in age.” This is the rule by which a child’s age is “frozen” at a specific point for immigration purposes. In Express Entry, the relevant date is the submission of the eAPR.
If the child is under 22 years of age and unmarried on the date of eAPR submission, they continue to be considered dependent even if they turn 22 during the processing of the application. Conversely, if the child is already 22 or older on the date of eAPR submission and does not meet the disability criteria, they will not be considered dependent, even if they are a student or reside with their parents.
It is critical to note that the lock-in age is not determined by the date of creating the Express Entry profile or receiving the ITA. The sole determining date is the eAPR submission date. Parents must therefore plan their submission timeline strategically to avoid losing the ability to include their child.
Consequences of Failing to Declare a Child
Failing to declare a child in a permanent residence application constitutes a serious violation. If a child is not declared after receiving the ITA, even if they are not accompanying the applicant, the parent will:
- permanently lose the right to sponsor that child in the future; and
- risk being found guilty of misrepresentation, which carries a five-year ban on entering Canada.
Declaration of Non-Accompanying Children
The obligation to declare a child applies irrespective of whether they are accompanying the applicant. A child must be declared even if they reside in another country, hold a different nationality, or are under the custody of the other parent.
IRCC requires medical examinations and background checks for all declared children, including those who do not accompany. This is a mandatory precondition for preserving the possibility of future sponsorship.
Newborn Children
Special rules apply in cases where a child is born during the immigration process.
- If the child is born before the eAPR submission, their details must be added to the profile, even if the ITA has already been received.
- If the child is born after the eAPR submission but before a final PR decision, the applicant must notify IRCC through a webform and provide the relevant documents.
The obligation to declare extends even to children who automatically acquire Canadian citizenship by birth in Canada. Failing to declare a newborn has the same consequences as failing to declare any other child: a permanent bar on future sponsorship.
General Conclusions
The proper declaration of children in the Express Entry process carries fundamental legal consequences. It is not merely a technicality but a legally binding obligation that shapes the family’s immigration rights for years to come.
Timely declaration of all children, careful observance of the lock-in age principle, and the duty to notify IRCC of any changes in family composition ensure that applicants preserve the right to full family reunification in the future.
Conversely, failure to declare or deliberate omission leads to irreversible consequences: loss of sponsorship rights and a five-year ban for misrepresentation. Applicants must therefore approach this obligation with the utmost seriousness, seek professional advice if necessary, and ensure complete transparency with IRCC.
Declaring a child is not a formality — it is a legal safeguard for your family’s future in Canada.
