Canadian families could recover thousands in immigration fees
On This Page You Will Find:
- Exact conditions for getting your overage dependant fees refunded
- Critical timing requirements that determine if you qualify
- Step-by-step withdrawal process to maximize your refund
- New age limits that could save your family thousands
- Common mistakes that cost applicants their refund eligibility
Summary:
If you paid overage dependant fees for your 22+ year old child, you might be eligible for a full refund - but only if you act before Immigration Canada starts processing your application. The 2017 age limit changes mean many families can now include their children as regular dependants without extra fees. However, withdrawing means starting over with a new application, so understanding the new rules and timing is crucial for making the right financial decision for your family's immigration journey.
🔑 Key Takeaways:
- Full refunds are only available if you withdraw before processing begins
- Children under 22 no longer require overage dependant fees as of October 2017
- Refunds take 2-8 weeks to process once approved
- Withdrawing requires submitting a completely new application
- The age change only applies to applications submitted after October 24, 2017
Maria Santos stared at her immigration invoice in disbelief. She had paid $550 in overage dependant fees for her 21-year-old daughter, only to discover weeks later that the age limits had changed. Her daughter no longer qualified as an "overage" dependant - but was her money gone forever?
If you're in Maria's situation, you're not alone. Thousands of Canadian immigration applicants have found themselves caught between old fee structures and new age regulations, wondering if they can recover hundreds or even thousands of dollars in overage dependant fees.
Understanding the 2017 Age Limit Revolution
On October 24, 2017, Immigration Canada made a significant change that affected thousands of families worldwide. The maximum age for dependent children was reinstated at under 22 years old, rolling back previous increases that had pushed the limit higher.
This change created a unique situation: families who had paid overage dependant fees for children aged 21 or younger suddenly found they had paid unnecessary fees. Your 21-year-old daughter, who required extra fees under the old system, now qualifies as a regular dependant.
But here's what most people don't realize - this change only applies to applications submitted on or after October 24, 2017. If your application was already in the system before this date, you're still subject to the old rules, regardless of when you paid the fees.
Who Qualifies for Overage Dependant Status Now
Under current regulations, children 22 years old or older can only be included as dependants if they meet two strict criteria:
Financial Dependency: They must have depended on their parents for financial support continuously since before turning 22. This isn't just occasional help - it means substantial, ongoing financial support that covers their basic living needs.
Physical or Mental Condition: They cannot financially support themselves due to a documented mental or physical condition. This requires medical documentation and proof that the condition prevents them from being self-sufficient.
If your child doesn't meet both criteria, they cannot be included as a dependant at all, regardless of fees paid.
The Refund Reality: Timing Is Everything
Here's the hard truth about refunds: you can only get your money back if you withdraw your application before Immigration Canada starts processing it. Once processing begins, your fees are non-refundable, even if circumstances change.
This creates a difficult decision for many families. Withdrawing your application means:
- Starting completely over with a new application
- Paying all fees again (except the overage dependant fees you'll save)
- Potentially facing longer processing times
- Risk of policy changes while you resubmit
However, if you withdraw before processing starts, you'll receive a full refund of all fees paid, including the overage dependant fees that may no longer apply to your situation.
Calculating Your Potential Savings
The financial impact of the age change can be substantial. Overage dependant fees vary by program, but they typically range from $550 to $1,540 per child. For families with multiple children affected by the age change, the savings can reach several thousand dollars.
Consider the Johnson family from the UK, who had paid overage dependant fees for two children, ages 20 and 21. Under the new rules, both children qualified as regular dependants, saving the family $1,100 in unnecessary fees. They withdrew their application, resubmitted under the new rules, and received their full refund within six weeks.
The Withdrawal and Refund Process
If you decide to pursue a refund, here's exactly what you need to do:
Step 1: Verify Your Application Status Contact Immigration Canada immediately to confirm whether processing has begun on your application. This is crucial because once processing starts, refunds become impossible.
Step 2: Submit Withdrawal Request If processing hasn't started, submit a formal withdrawal request in writing. Include your application number, principal applicant's name, and clear statement that you're withdrawing the entire application.
Step 3: Wait for Confirmation Immigration Canada will confirm your withdrawal and begin the refund process. This typically takes 2-8 weeks, depending on your payment method and application type.
Step 4: Prepare New Application While waiting for your refund, prepare your new application under current rules. Ensure your children still qualify as dependants under the new age limits before resubmitting.
Common Mistakes That Cost Refunds
Many applicants make critical errors that eliminate their refund eligibility:
Waiting Too Long: Processing can begin quickly, especially during high-volume periods. Don't assume you have weeks to decide.
Partial Withdrawals: You cannot withdraw just the dependant portion - it's all or nothing. Some applicants try to remove only the overage dependant, which isn't permitted.
Assuming Automatic Refunds: Immigration Canada doesn't automatically refund overage fees when age limits change. You must actively withdraw and resubmit to benefit from the new rules.
Not Checking Current Eligibility: Before withdrawing, verify that your children still qualify as dependants under current rules. Age is just one factor.
Making the Right Decision for Your Family
The decision to withdraw and resubmit isn't purely financial. Consider these factors:
Processing Time Impact: Current processing times may be longer than when you originally applied. Factor this delay into your immigration timeline.
Policy Stability: Immigration rules can change. Withdrawing exposes you to potential future policy changes that could affect your application.
Administrative Burden: Resubmitting requires gathering all documents again, potentially obtaining updated versions of time-sensitive documents like medical exams or police certificates.
Opportunity Cost: Consider what the refunded money could accomplish versus the certainty of keeping your current application in the system.
What Happens After You Resubmit
If you decide to withdraw and resubmit, your new application will be treated as completely separate from your original submission. This means:
- New processing times apply
- You'll need updated documents where required
- Your priority date resets to your new submission date
- You'll pay current fees under current fee structures
However, you'll benefit from current rules regarding dependant age limits, potentially saving significant money while ensuring your application reflects the most favorable regulations.
Expert Recommendations
Immigration lawyers consistently recommend acting quickly if you believe you're eligible for refunds. The window of opportunity closes once processing begins, and there's no appeals process for refund denials based on processing status.
If your children are close to the age limits, consider their birthday timing carefully. A child who turns 22 between your withdrawal and resubmission could become ineligible entirely, making the refund pursuit counterproductive.
For families with substantial overage dependant fees and children well under the 22-year limit, withdrawal and resubmission often makes financial sense, especially if processing hasn't begun.
The key is making an informed decision quickly, based on your specific circumstances and current application status.
Conclusion
The 2017 age limit changes created a unique opportunity for some families to recover overage dependant fees, but only for those who act before processing begins. While the decision to withdraw and resubmit involves risks and administrative burden, the potential savings can be substantial for eligible families.
If you believe you've paid unnecessary overage dependant fees, contact Immigration Canada immediately to check your processing status. Time is your most critical factor - once processing begins, your opportunity for refunds disappears permanently. Make your decision based on your family's specific situation, timeline needs, and financial priorities, but make it quickly to preserve all your options.
FAQ
Q: What exactly are overage dependant fees and when do I need to pay them?
Overage dependant fees are additional charges Immigration Canada requires when including children aged 22 or older as dependants in your immigration application. These fees typically range from $550 to $1,540 per child, depending on your immigration program. You only need to pay these fees if your child is 22 or older AND meets two strict criteria: they must have been financially dependent on you continuously since before turning 22, and they must be unable to support themselves due to a documented physical or mental condition. If your child is under 22, they qualify as a regular dependant with no additional fees required. The 2017 rule change means many families who previously paid these fees for children aged 21 or younger may now be eligible for refunds.
Q: How do I know if I'm eligible for a refund of overage dependant fees I already paid?
You're potentially eligible for a refund if you paid overage dependant fees for children who are now under 22 years old under current regulations, but only if your application was submitted on or after October 24, 2017. The key qualification is that your application must not have started processing yet - once Immigration Canada begins processing, all fees become non-refundable. To check eligibility, immediately contact Immigration Canada to verify your processing status and confirm the ages of dependants you paid overage fees for. For example, if you paid $550 in overage fees for your 21-year-old daughter, you could recover this money by withdrawing and resubmitting your application under current rules, provided processing hasn't begun.
Q: What's the step-by-step process to withdraw my application and get my refund?
First, contact Immigration Canada immediately to confirm your application hasn't started processing - this is crucial because processed applications cannot be refunded. If you're still eligible, submit a formal written withdrawal request including your application number, principal applicant's name, and clear statement that you're withdrawing the entire application. You cannot partially withdraw just the dependant portion. Once Immigration Canada confirms your withdrawal, the refund process begins and typically takes 2-8 weeks depending on your payment method. While waiting for your refund, prepare your new application ensuring all documents are current and your children still qualify as dependants under new rules. Remember, withdrawing means starting completely over with new processing times and potentially updated document requirements like medical exams or police certificates.
Q: What are the biggest risks of withdrawing my application to get a refund?
The primary risk is losing your place in the processing queue and facing potentially longer current processing times compared to when you originally applied. You'll need to pay all application fees again (except the overage dependant fees you'll save) and gather updated documents where required, which can be costly and time-consuming. There's also policy risk - immigration rules can change between your withdrawal and resubmission, potentially affecting your eligibility or creating new requirements. Additionally, if your child is close to turning 22, they could age out between withdrawal and resubmission, making them completely ineligible as a dependant. Consider the Johnson family example: they saved $1,100 in overage fees but had to wait an additional four months for processing under current timelines. Weigh these risks against your potential savings and immigration timeline needs.
Q: How much money could I actually save, and is it worth the hassle of reapplying?
Potential savings depend on how many children you paid overage dependant fees for and your specific immigration program. Individual overage fees range from $550 to $1,540 per child, so families with multiple affected children could save several thousand dollars. For instance, a family with two children aged 20 and 21 could save $1,100-$3,080 in unnecessary fees. However, you must factor in the administrative costs and time investment of reapplying, including potentially updated medical exams ($300-$500 per person), new police certificates, and document translation costs. The financial benefit is most significant for families with substantial overage fees and children well under the 22-year age limit. If your potential savings exceed $1,000 and your children are 21 or younger, withdrawal often makes financial sense, especially early in the process.
Q: What happens if I make a mistake during the withdrawal and refund process?
Common mistakes can permanently eliminate your refund eligibility and create additional complications. The most critical error is waiting too long to act - once processing begins, refunds become impossible regardless of circumstances. Some applicants mistakenly believe they can partially withdraw just the overage dependant portion, but Immigration Canada requires complete application withdrawal. Another costly mistake is assuming you'll automatically receive refunds when age limits change - you must actively withdraw and resubmit to benefit. Before withdrawing, verify that your children still qualify as dependants under current rules, as age is just one eligibility factor. If you make errors in your withdrawal request or new application, you could face delays, additional costs, or even application refusal. To avoid mistakes, consider consulting with an immigration lawyer, especially if your case involves complex circumstances or substantial fees.
Q: Are there any alternatives to withdrawing my entire application to recover overage fees?
Unfortunately, there are no alternatives to complete application withdrawal if you want to recover overage dependant fees. Immigration Canada doesn't offer partial withdrawals, automatic refunds when rules change, or fee adjustments for applications already submitted. You cannot simply remove dependants from your existing application to get refunds - it's an all-or-nothing decision. Some applicants consider keeping their current application and applying for dependants separately later, but this often costs more in total fees and creates complex timing issues for family reunification. The only exception might be if Immigration Canada made a processing error, but this is extremely rare and requires formal review processes. If withdrawal seems too risky for your situation, you may need to accept the overage fees as a cost of maintaining your current processing timeline and application status, especially if you're close to receiving a decision.
