Can children receive temporary protection together with their parents?

The question of whether children can obtain temporary protection with their parents in Canada is extremely important for many families seeking safety from persecution, violence, or other threats in their countries of origin. Canada's refugee and temporary protection system is built on the principles of humanity, family unity, and the best interests of the child, which provides a strong foundation for including children in their parents' applications for various forms of temporary protection.

The answer to this question is unequivocally yes: children not only can, but also have the right to receive temporary protection alongside their parents in Canada. This opportunity is provided through a comprehensive system of legal mechanisms and policies that recognize the particular vulnerability of children and the importance of preserving family ties during times of crisis.

Canadian legislation, in particular the Immigration and Refugee Protection Act, as well as Canada's international obligations under the UN Convention on the Rights of the Child, provide the legal basis for ensuring that children can receive protection together with their parents or other guardians. This approach reflects the understanding that separating families during crises can cause significant harm to children's psychological and emotional development.

Main categories of temporary protection for children

Refugee protection system

Under Canada's refugee protection system, children have several avenues for obtaining protection alongside their parents. When a family applies for protected person or Convention refugee status, children are automatically included in the application as dependents. This means that they do not need to submit separate applications or prove their own grounds for protection, although each child still receives an individual decision.

The process of including children in a family refugee protection application is relatively simple from a procedural standpoint. Parents or guardians complete the Basis of Claim (BOC) form as the principal claimants, describing the circumstances that led them to seek protection. Each child must also have their own BOC form, but in most cases, children rely on the experience and concerns of the principal applicant as the basis for their protection claim.

However, it is important to understand that children are independent rights holders and may have their own grounds for protection that differ from those of their parents. For example, girls may fear forced marriage, boys may be at risk of recruitment into armed groups, or children may experience specific forms of persecution due to their age, gender, or other characteristics. In such cases, it is important to document these additional risks in the child's application.

CUAET Program for Ukrainian Families

The Canada-Ukraine Authorization for Emergency Travel (CUAET) program is a prime example of how Canada approaches the temporary protection of entire families. This program was introduced in March 2022 in response to Russia's invasion of Ukraine and provides Ukrainian citizens and their families with free extended temporary status.

The definition of family members under the CUAET program is quite broad and includes not only parents and their children, but also an extended circle of relatives. Family members are defined as the spouse or common-law partner of a Ukrainian citizen, their dependent children, the dependent children of the spouse or partner, and the dependent children of dependent children. This means that grandchildren can also be included in the application, demonstrating Canada's flexible approach to family reunification.

A particular advantage of the CUAET program is that it allows all family members, including children, to obtain permits to work, study, or stay in the country for up to three years. This provides families with stability and the opportunity to plan their future in Canada until the situation in Ukraine stabilizes.

As of February 2025, the CUAET program has been extended, allowing Ukrainians and their families who arrived in Canada before March 31, 2024, to apply for an extension or change of status until March 31, 2026. This flexibility is especially important for families with children, as it allows children to continue their education and develop in a stable environment.

Temporary Residence Permits (TRPs)

Temporary Residence Permits are another mechanism through which children can obtain temporary protection alongside their parents. TRPs are typically issued to individuals who are technically inadmissible to Canada for various reasons but have compelling reasons to remain in the country. In the context of child protection, TRPs can be particularly useful in cases where it is necessary to ensure rapid access to Canada for children who are at risk. An important feature of TRPs is that they can be issued with various conditions and restrictions that can take into account the specific needs of children and families. For example, a TRP may include conditions regarding access to education, medical care, or social services for children.

Defining Dependent Children

Age Criteria

Understanding who is considered a dependent child under Canadian immigration law is critical for families applying for temporary protection. As of October 2017, Canada raised the maximum age for dependent children from 19 to 22, significantly expanding opportunities for family reunification.

Under the current rules, children qualify as dependents if they are under 22 years of age and do not have a spouse or common-law partner. This change reflects the reality that young people often remain dependent on their parents for longer, especially while attending post-secondary institutions.

There is an exception for children over the age of 22: they may qualify as dependents if they have been financially dependent on their parents since reaching the age of 22 and are unable to support themselves due to physical or mental health conditions. This exception ensures that families with children who have special needs are not separated due to immigration procedures.

The “age lock-in” principle

One of the most important aspects of determining dependent children is the principle of “age lock-in.” This principle means that the child's age is “frozen” on the date of submission of the complete application, and even if the child reaches the age of 22 during the processing of the application, they remain eligible as a dependent.

For refugee applications, the age lock-in date is usually the date the refugee protection application is submitted to the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC). This rule is especially important given that refugee applications can take months or even years to process.

The age freeze principle ensures fairness and predictability in the system, as families can be confident that their children will not lose their eligibility to be included in the application due to processing delays that are beyond their control.

Special considerations for different categories of children

Children accompanied by parents

The most common situation is when children apply for temporary protection together with one or both parents. In such cases, the process is relatively simple: parents are designated as designated representatives for minor children, and the application is processed as a family case.

However, it is important to remember that even in cases where children are accompanied by their parents, they can often be overlooked in the process due to the presence of their parents. This can be problematic, as children are independent rights holders with the right to participate in the process and may have distinct interests or additional grounds for risk.

Best practices in such cases include ensuring that the child's voice is heard during the process, especially if the child is old enough to express their thoughts and concerns. Sometimes it may be appropriate to appoint a professional designated representative, even when the parents are present, especially if there is a conflict of interest between the parents and the child.

Separated children

Separated children are those who are in Canada or applying without both parents but have other family members in Canada. These situations require special attention, as circumstances and levels of support can vary greatly depending on the family members in Canada.

In cases involving separated children, it is important to assess the child's needs on a case-by-case basis. Extended family members may not always be suitable designated representatives or have the child's best interests at heart. Sometimes, extended family members may be unable to submit the necessary documents or hire a lawyer for the child, resulting in the application being abandoned.

Professional designated representatives are often recommended for separated children because they have special training and experience working with children in immigration cases. Organizations such as the Centre for Refugee Children (CRC) provide specialized designated representative services that are trained to help minors navigate the immigration process.

Unaccompanied minors

The most difficult cases are those involving unaccompanied minors—children who apply for temporary protection in Canada without any of their parents. These children face unique challenges, including difficulty gathering evidence or documentation for their application, lack of family support, and the need to navigate a complex legal system on their own.

Statistics show that the number of unaccompanied minors arriving in Canada is relatively small, but they require intensive support. It is estimated that approximately 3,000 unaccompanied minors arrive in Canada each year seeking refugee status, representing approximately 1.6% of the total number of refugee protection claimants.

High-quality professional designated representatives are critical for unaccompanied minors. Children's Aid Society (CAS) and other child welfare organizations are often involved because these children do not have legal guardians. Organizations such as Matthew House provide unaccompanied minors with a safe home, mentorship, community support, access to summer camps, schools, stability, legal assistance, and orientation to life in Canada.

Procedural aspects

Designated representatives

Canadian law requires that all persons under the age of 18 or those who cannot understand the nature of the proceedings have a designated representative during any immigration proceedings. The designated representative must be at least 18 years of age, understand the nature of the proceedings, act in the best interests of the minor, and have no conflict of interest with the minor applicant.

When a minor is accompanied by a parent or legal guardian, the standard procedure of the Refugee Protection Division (RPD) is to appoint that person as the designated representative. However, if a review of the case indicates that this person may not be able to perform the duties of a designated representative or if there is a conflict of interest, another representative may be appointed.

The role of the designated representative is not the same as that of a lawyer. The designated representative is responsible for ensuring the child's participation in the process, gathering evidence, preparing for hearings, and making decisions in the best interests of the child. The child also has the right to be represented by a lawyer or other advocate in addition to the designated representative.

Special features of hearings involving children

The Immigration and Refugee Board of Canada (IRB) has issued special guidelines for the consideration of cases involving child refugee claimants. These guidelines, while not legally binding, take into account the special needs of children when making decisions.

The guidelines recognize that “children cannot provide evidence with the same precision as adults regarding context, timing, importance, and details.” Therefore, children's cases are given priority treatment, and special measures are proposed for the hearing itself, such as conducting the hearing in an informal setting, ensuring sensitivity in questioning, and using alternatives to oral testimony.

Important procedural considerations for hearings involving children include using simple, age-appropriate language, avoiding legal terminology, using open-ended questions instead of leading questions, providing regular reassurance, and offering breaks. An appointed representative may intervene at any time to protect the child's interests.

Consideration of the best interests of the child

The Best Interests of the Child (BIOC) principle is central to all immigration decisions that affect children. This principle comes from the UN Convention on the Rights of the Child, which Canada has signed, and it requires that in all decisions involving children, their best interests be the primary consideration.

In the context of temporary protection, consideration of the best interests of the child may include an assessment of how returning the child to their country of origin would affect their safety, access to education and health care, emotional well-being, and stability of their environment. Particular attention is paid to whether the decision would result in the separation of the child from their primary caregiver and whether such separation would cause serious harm to the child.

In cases where there are concerns about domestic violence or other forms of family conflict, courts and immigration authorities must carefully weigh these factors when assessing the best interests of the child. Sometimes this may lead to a decision to separate family members' applications or to appoint separate representatives for children.

Access to services and support

Educational Services

Children who receive temporary protection in Canada are entitled to access education. This right usually takes effect immediately upon arrival and receipt of temporary status. Provincial education systems in Canada are generally open to refugee children and those with temporary protection, regardless of their legal status.

Access to education is critical not only for children's academic development, but also for their social integration and psychological well-being. Schools are often the first place where refugee children establish social connections with Canadian peers and begin to learn English or French.

For Ukrainian children in Canada under the CUAET program, access to free educational services is guaranteed until March 31, 2025. This includes not only formal education, but also additional support services such as language courses and adaptation programs.

Health care

Temporary residents, including children, are eligible for health insurance in every province in Canada. Coverage usually begins on the day of arrival in the province and includes access to basic health care, prescription drugs, and mental health services.

For refugee children and those with temporary protection, access to health services is particularly important, as many may have traumatic experiences or special health needs. Registration procedures for health insurance vary by province, so it is important to contact local health authorities as soon as possible after arrival.

Psychosocial support

Children seeking temporary protection often have complex traumatic experiences, including witnessing the violent death of family members, targeted persecution or recruitment into armed conflict, sexual assault, human trafficking, or persecution. They may also have been deprived of basic rights to education and health care.

The Canadian service delivery system includes specialized psychosocial support programs for refugee children. These programs include counseling, group therapy, culturally appropriate services, and mentoring programs that help children cope with trauma and adapt to their new environment. Organizations such as the Centre for Refugee Children provide specialized services for children in the immigration process, including support from the moment they arrive in Canada until their application is finalized. These services recognize the unique needs of children and provide appropriate support at every stage of the process.

Challenges and limitations

Documenting family relationships

One of the main challenges for families applying for temporary protection is properly documenting family relationships. In many cases, families may not have complete documentation due to the circumstances of their departure from their country of origin or administrative limitations in those countries.

Various types of documents can be used to prove family relationships, including birth certificates, marriage certificates, adoption documents, religious records, or other official documents. In cases where such documentation is not available, alternative evidence may be accepted, such as letters from family and friends, sworn statements, old photographs, evidence of correspondence, or financial support.

In some cases, it may be advisable to conduct a DNA test in advance if the evidence to prove the relationship is weak. While this may be an additional financial burden for families, it may provide the certainty needed for a successful application.

Time limits and deadlines

Family applications for temporary protection are subject to strict deadlines, which can be particularly challenging for families with children. For example, the Basis of Claim form must be submitted within 15 calendar days of the case being referred to the Refugee Protection Division, although due to the pandemic, this deadline has been extended to 45 days in some cases.

It is important for families to understand that missing these deadlines can have serious consequences not only for parents but also for children. If an application is deemed abandoned due to a missed deadline, the entire family may face deportation, which can be particularly traumatic for children.

The process of reinstating abandoned applications is possible, but very difficult and requires demonstrating exceptional circumstances. This highlights the importance of submitting all necessary documents on time and complying with procedural requirements.

Family separation

In some cases, immigration decisions can lead to family separation, which is contrary to the principle of the best interests of the child. This can happen when applications from different family members receive different outcomes, or when one parent faces deportation and the child is eligible to remain in Canada.

Canadian law recognizes the importance of preserving family unity, but in practice, there are still cases where immigration decisions are made without due consideration of the best interests of children. This has been the subject of ongoing criticism from human rights organizations and children's advocates.

In cases where family separation is imminent, families can apply for permanent residence on humanitarian and compassionate grounds, where the best interests of the child are a mandatory consideration. However, this process can be lengthy and uncertain.

Family reunification

Opportunities for reunification

For Convention protected persons and refugees who have received positive decisions, there are mechanisms for reunification with family members, including children who may remain abroad. These mechanisms include applications for permanent residence for protected persons and family reunification programs.

The family reunification process can begin immediately after receiving a positive decision from the Refugee Protection Division or the Refugee Protection Appeal Division. An application for permanent residence allows for the inclusion of all family members, including children who did not accompany the principal applicant to Canada.

It is important to note that family members must be listed on the initial refugee protection application, even if they did not plan to come to Canada immediately. This ensures that they can be included in the permanent residence application without additional complications.

One Year Window Program

For resettled refugees and certain protected persons, there is a special program known as the One Year Window (OYW). This program allows the spouse, common-law partner, or dependent child of a protected person to obtain permanent residence as a family member if they were included in the refugee's permanent residence application but did not plan to come immediately.

The OYW program is particularly useful in cases where the whereabouts of family members were unknown at the time of the initial application, or for some reason they did not plan to come to Canada immediately. To take advantage of this program, the refugee in Canada must notify the appropriate office in writing within one year of receiving permanent residence.

It is important to understand that the OYW program does not mean that family members will be in Canada within one year. There is no official processing time for OYW applications, and it often takes more than a year for family members to arrive.

Special provisions for children at risk

In response to advocacy by the Canadian Council for Refugees (CCR), IRCC instructions include special provisions for children separated from both parents. When both parents are protected persons in Canada, or if only one parent is in Canada and the other is deceased or their whereabouts are unknown, officers must be aware of the risks these children may face if there are delays in finalizing their application for permanent residence in Canada.

The situation may be particularly acute if the children are living without the care and protection of an adult guardian in an area where there is civil or international armed conflict. In such cases, officers should arrange for an expedited medical examination of children under the age of 18 when specific circumstances increase the risk to their physical safety.

If the medical examination has been completed or if expedited medical clearance is not possible and the child is in danger, visa officers should consider early admission to Canada through the use of a temporary residence permit. Unfortunately, despite these instructions, it is rare for visa officers to issue temporary residence permits in such cases.

Future prospects and recommendations

Improving the system

Canada's temporary protection system for children and families continues to evolve in response to new challenges and needs. There is a constant need to improve coordination between different levels of government, law enforcement agencies, and intergovernmental organizations to ensure that decisions regarding children are made in their best interests.

One key area for improvement is better data collection and monitoring of outcomes for children receiving temporary protection. Currently, statistics on how many children and families in Canada are affected by deportation or family separation are not collected on a regular basis. This makes it difficult to assess the effectiveness of current policies and identify areas for improvement.

Training and capacity building

An important aspect of improving child protection is ensuring that immigration officers, IRB members, and other professionals who work with children in an immigration context have adequate training on children's needs and the principles of the best interests of the child.

Specialized training programs should include an understanding of child development, trauma, cultural differences, and the specific challenges faced by refugee children. This will help ensure that all decisions are made with a full understanding of the potential impact on children.

Expanding support services

While Canada has a relatively well-developed system of support services for refugee children, there are opportunities to further expand and improve these services. This includes expanding access to psychosocial support, culturally appropriate services, and long-term integration programs.

Particular attention should be paid to unaccompanied minors and separated children, who have the highest level of support needs. Expanding the network of organizations, such as Matthew House, that provide comprehensive services for these children can significantly improve their outcomes.

Harmonization with international standards

Canada should continue to harmonize its policies and practices with international child protection standards, in particular the UN Convention on the Rights of the Child. This includes ensuring that the best interests of the child are not simply “taken into account” but are the “primary consideration” in all decisions affecting children.

Conclusion

The question of whether children can obtain temporary protection with their parents in Canada has a resoundingly positive answer. The Canadian immigration and refugee protection system is built on principles that not only allow but actively promote family reunification and the protection of children. Through various programs and mechanisms, including the refugee protection system, the CUAET program for Ukrainian families, temporary residence permits, and special provisions for children at risk, Canada demonstrates its commitment to protecting the most vulnerable members of society.

The definition of dependent children as persons under the age of 22, the principle of age fixation, and a flexible approach to family relationships create a solid foundation for including children in their parents' applications for temporary protection. Special procedural safeguards, such as appointed representatives, adapted hearings, and consideration of the best interests of the child, ensure that the rights and needs of children are properly taken into account throughout the process.

Support systems, including access to education, health care, psychosocial support, and legal aid, provide children and families with the tools they need to successfully integrate into Canadian society. Family reunification mechanisms, such as permanent residence applications and the One-Year Window program, provide opportunities for separated families to reunite.

While the system is not perfect and challenges remain, such as documenting family relationships, meeting deadlines, and preventing family separation, Canada's overall approach to protecting children in the context of immigration is progressive and humane. Ongoing efforts to improve the system, including better training, expanded support services, and harmonization with international standards, demonstrate Canada's commitment to ensuring that every child seeking protection receives it alongside their family in a safe and supportive environment.

For families considering applying for temporary protection in Canada, it is important to understand that children can not only be included in the application, but are also entitled to special protections and support that recognize their unique vulnerabilities and needs. With the right preparation, documentation, and support, families can successfully navigate this process and find safety and stability for all their members in Canada.