Proof of family relationship
When a claimant identifies a family member in Canada, the officer must be satisfied that the relationship is one that qualifies the claimant for an exception. The standard of proof is “balance of probabilities”. The claimant is responsible to provide information to establish the relationship and status of the family member. However, in some cases written documentation, such as birth, marriage certificates etc. may not be available. In such cases, credible testimony may be sufficient provided the officer is satisfied with respect to the claimed relationship. If the testimony is not sufficient, attempt to confirm family relationships and that the relative has the necessary status in Canada. This may be done by:
- contacting the claimed relative;
- review of documents provided by the claimant
- FOSS checks
- review of files held by other CBSA offices
- review of IRB records
- checking city directories, telephone books, internet sites, etc.
- statutory declarations (may be useful but are not required).
Any contradictions or inconsistencies that result in doubt about the claimed relationship should be documented in detail.
Persons identified as a family member in Canada
There is no support expected from the anchor relative. It is sufficient for the claimant to establish that a relative exists and that the relative has the required status in Canada. The anchor relative has no say in whether or not the claimant is allowed to enter Canada.
If the anchor relative has a FOSS ID:
- put a general information (“12”) NCB in FOSS to indicate that this person was identified as an anchor relative.
- read NCBs to determine if the anchor relative has been identified by other claimants. Multiple use of the same anchor relative could merit investigation.
