Guide to the Private Sponsorship of Refugees Program

2. Private Sponsorship of Refugees Program

2.11 What is a de facto dependant?

A de facto dependant is a person considered by the refugee family to be an integral member of the family unit, but who does not meet the definition of family member. For example, an elderly aunt who has always lived with the principal applicant may be a de facto dependant. Such individuals should be included in the sponsorship.

To be considered as a member of the family unit, such individuals must satisfy the visa officer that they are dependent on the family unit in which membership is claimed. The dependency may be emotional or economic and will often be a combination of the two. Such people would normally, but not exclusively, live with the principal applicant as members of the same household. Sponsors must submit a separate sponsorship undertaking for de facto dependants. They should, however, identify the name and date of birth of the principal applicant in the “Multiple Undertakings” section of the undertaking to ensure that de facto dependants and the rest of the family unit are processed concurrently. De facto dependants must be refugees in their own right and meet all statutory requirements. Where the de facto dependant does not qualify as a refugee in their own right, they may be eligible for humanitarian and compassionate consideration. Persons who form part of the family unit will be examined while keeping in mind that it is most important to keep family units together.

De facto dependants must also complete separate applications. In addition, Schedule 2 of the overseas refugee application kit (IMM 6000) includes a section in which the principal applicant is asked to identify the de facto dependants who are co-applying.

For visa office-referred cases and cases where the sponsor did not list de facto dependants identified by the principal applicant, visa officers will contact local CIC offices to ensure that sponsoring groups are prepared to assume responsibility for the settlement of the de facto dependants with the rest of the family unit.

De factodependants are not eligible under the One Year Window of Opportunity (OYW) as they do not meet the definition of family member described above.

Examples of persons who may qualify as de facto dependants:

• An unmarried adult daughter in cultures where it is normal for an unmarried adult daughter to remain dependent until she marries.
• A widowed sister or sister-in-law in a culture where it is normal for the applicant to take on responsibility for her care and sustenance when she has no other means of support.
• Nieces and nephews whose parents have been killed or are missing. In the case of nieces and nephews, sponsors must take into consideration the best interests of the child. To the extent possible, sponsors should work with appropriate authorities to try to avoid any disputes with respect to custody or guardianship.
• Parents of any age living with the principal applicant and without other children with whom they could reside, or without means of support other than the principal applicant.
• Elderly relatives who have lived with the principal applicant or who are solely or for the most part dependent on the applicant for care, shelter, etc.

Examples of persons who may not qualify as de facto dependants:

• A married sister living with the applicant, who has a husband residing in another known location, unless it is demonstrated to the visa officer that the sister cannot rely on her husband for support.
• A married daughter and her husband living with the principal applicant, unless they can demonstrate to the visa officer that they are completely dependent on the principal applicant for financial support.
• An elderly parent, who normally lives with the principal applicant, but who may reside with other children from time to time.
• A person who has been taking care of the principal applicant’s children and living in the household for an extended period (more than six months), but who is not without family of his or her own.

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