The De Facto Family Members

The Humanitarian and Compassionate (H&C) Assessment – The De Facto Family Members

The authorities describe de facto family members as those individuals who do not meet the definition of family class members. These individuals will typically be in a situation of dependence that makes them the de facto members of nuclear families that are either in Canada or are applying to immigrate. Examples of de facto family members could include:

• Sons, daughters, brothers or sisters left alone in the country of origin without family of their own – as long as they are over 22 years of age
• Elderly relatives (including aunts, uncles or other unrelated individuals) who have resided with the family for a long time and,
• Children in a guardianship relationship in cases when adoption (as specified in the provisions listed in R3 (2)) is not possible

Officers would need to remember that separation of persons in such a genuine dependent relationship may be grounds for a positive assessment.

For ascertaining whether compelling humanitarian and compassionate (H&C) reasons exist for allowing such individuals to immigrate to Canada, the officers would need to consider:

• Whether the dependency is bona fide and not created for immigration purposes
• The level of dependency
• The stability of the relationship
• The duration of the relationship
• The possible impact of a separation
• The financial and emotional needs of the applicant in relation to the family unit
• The ability and the willingness of the family in Canada to provide support
• The other options available to the applicant such as family e.g. spouse, children, parents, siblings etc. outside Canada, who are able and willing to provide support
• Documentary evidence about the relationship such as:
  • Joint bank accounts or real estate holdings
  • Other joint property ownership
  • Wills
  • Insurance policies and,
  • Letters from friends and family members
• Whether the applicant would face difficulties in meeting financial or emotional needs without the support and assistance of the family unit and,
• Any other factors concerning the humanitarian and compassionate (H&C) decision

Note:

• This specification applies to applications made in Canada and overseas
• According to R3 (2), of the Immigration and Refugee Protection Regulations (IRPR), adoption, for greater certainty, refers to an adoption that creates a legal parent-child relationship
• Such an arrangement would serve to sever the pre-existing legal parent-child relationship also