The humanitarian and compassionate assessment: De facto family members

Applies to

• in Canada
• overseas

De facto family members are persons who do not meet the definition of a family class member. They are in a situation of dependence that makes them a de facto member of a nuclear family that is either in Canada or applying to immigrate. Some examples: a son, daughter (over age 19), brother or sister left alone in the country of origin without family of their own; an elderly relative such as an aunt or uncle or an unrelated person who has resided with the family for a long time. Also included may be children in a guardianship relationship when adoption as described in subsection 3(2) of the Immigration and Refugee Protection Regulations is not possible. Separation of persons in such a genuine dependent relationship may be grounds for a positive assessment.

You should determine whether compelling H&C reasons exist to allow such persons to immigrate to Canada by considering:

• whether 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 willingness of the family in Canada to provide support
• the applicant’s other options, such as family (spouse, children, parents, siblings, etc.) outside Canada able and willing to provide support
• documentary evidence about the relationship (e.g., joint bank accounts or real estate holdings, other joint property ownership, wills, insurance policies, letters from friends and family)
• whether the applicant would have difficulty meeting financial or emotional needs without the support and assistance of the family unit
• any other factors relevant to the H&C decision.