Unmarried sister as de facto dependent in the Group of Five application

[splendid2019]

Hi everyone,
We are opening a sponsorship application for a family who are UNHCR protected refugees, but main refugee applicant has an unmarried sister in a culture that is incredibly hostile towards an unmarried woman. The unmarried sister does not hold any formal refugee status, however I read on the immigration website that she could be included. Granted the text reads "unmarried adult daughter" but then under examples of who may NOT qualify as de facto dependent it brings up a married sister. So using deductive reasons it led us to conclude the unmarried person will be considered a de facto dependent .The immigration lawyer however says she can not be included. Can anyone with the knowledge of the matter confirm which is true ?

Thank you

Examples of persons who may qualify as de facto dependants:

• A non-biological child who has not been legally adopted but who has been and continues to be under the care of the Principal Applicant and family. In some cases, the non-biological child may not be aware of the situation. In these situations, where possible, a separate written explanation should be submitted explaining the circumstances and requesting discretion. If preferred, during the interview, the Principal Applicant may request to speak to the migration officer separately to explain the situation.
• 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 in that field 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.
• 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 more than 6 months), but who has family of their own.

 

[scylla]

Hi everyone,
We are opening a sponsorship application for a family who are UNHCR protected refugees, but main refugee applicant has an unmarried sister in a culture that is incredibly hostile towards an unmarried woman. The unmarried sister does not hold any formal refugee status, however I read on the immigration website that she could be included. Granted the text reads "unmarried adult daughter" but then under examples of who may NOT qualify as de facto dependent it brings up a married sister. So using deductive reasons it led us to conclude the unmarried person will be considered a de facto dependent .The immigration lawyer however says she can not be included. Can anyone with the knowledge of the matter confirm which is true ?

Thank you

Examples of persons who may qualify as de facto dependants:

• A non-biological child who has not been legally adopted but who has been and continues to be under the care of the Principal Applicant and family. In some cases, the non-biological child may not be aware of the situation. In these situations, where possible, a separate written explanation should be submitted explaining the circumstances and requesting discretion. If preferred, during the interview, the Principal Applicant may request to speak to the migration officer separately to explain the situation.
• 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 in that field 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.
• 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 more than 6 months), but who has family of their own.

She is an unmarried sister - not an unmarried daughter. So the example above does not apply to her unfortunately. I don't think you can apply this example universally to anyone who is unmarried. The family relationship is important.

Does the unmarried sister live together with her married sister who you are sponsoring? Is the unmarried sister dependant on your married sister? Maybe there's an opportunity to try to include her - with the worst case scenario being that IRCC says you can't. However in order to do that, I think they would need to be living together.

 

[splendid2019]

Yes she lives with the main refugee applicant's family and yes she is dependent on the married sister.

 

[scylla]

Yes she lives with the main refugee applicant's family and yes she is dependent on the married sister.

Then I would ask your lawyer if it's possible to try to include her in the application.

IRCC may end up saying she cannot be included. If that happens, then at least you would have tried.

 

[splendid2019]

Thank you. In your opinion, will it cause any hiccups because we would rather not create delays if there is little chance for her.

 

[scylla]

Thank you. In your opinion, will it cause any hiccups because we would rather not create delays if there is little chance for her.

I don't know - it's possible this might. I'm not a lawyer. I would ask your lawyer.

 

[canuck78]

Yes she lives with the main refugee applicant's family and yes she is dependent on the married sister.

Are the daughter’s parents still alive? Traditionally unwed daughters tend to live with their parents if fhey are alive. Is it only the daughter who doesn’t have formal refugee status?

 

[splendid2019]

Yes the parents are alive in their home country and are extremely old and fragile.

 

[canuck78]

Yes the parents are alive in their home country and are extremely old and fragile.

Is there a reason that she is not living with her parents especially if they are in fragile health? Traditionally unwed women would remain with their parents. The sister’s family is recognized as refugees with UNHCR is there a reason the sister isn’t recognized by UNHCR. Would assume these are all issues may be brought up,

 

[splendid2019]

We are hoping to eventually sponsor the parents through the PGP program if we are lucky. And the unmarried sister would be left alone.

 

[canuck78]

We are hoping to eventually sponsor the parents through the PGP program if we are lucky. And the unmarried sister would be left alone.

Still doesn’t mean that your sister can be included with her sister’s family. Has she been living with her parents or has been been living with her sister and their family for many years? Why does she not have refugee status with UNHCR while the sister and her family does? The fact that your parents remain in their home country would mean that she would be able to remain with them. For cultural reasons an unmarried daughter usually remains with her parents. I understand why you want to group your sister in with her sister’s family but she isn’t alone if her parents are still living. Although you may want to bring your parents to Canada via PGP that isn’t guaranteed so your parents could also be left alone in their home country. It will be up to IRCC to determine whether your sister can be included but I see a lot of potential questions.

 

[Naturgrl]

We are hoping to eventually sponsor the parents through the PGP program if we are lucky. And the unmarried sister would be left alone.

Are these your parents? How old is the sister?

 

[canuck78]

Looks like a Canadian citizen trying to sponsor his sister and her family, his other sister and his parents. Looks like he is trying a private sponsorship for the sister’s family and PGP for his parents. Because the sister won’t be included in PGP he is trying to include her with the other sister’s family. I am curious as to whether the sister has been living with the parents most of the time and may have recently moved to live with the sister. Would warn OP that his parents may not get approved for a supervisa. Think his plan seems to include getting his parents to Canada on a supervisa with no intentions of then ever returning home. I am curious to know how OP arrived in Canada. Whether he was a refugee claimants as well.