What is CIC's definition of an Ophan.

[poetdave]

Can my 6 year old nephew be considered an orphan if only one parent is dead? The mother, who is my sister is past away but we don't know who the father is or how to find him. Can I sponsor him as an orphan? Thanks for your help.

 

[scylla]

Can my 6 year old nephew be considered an orphan if only one parent is dead? The mother, who is my sister is past away but we don't know who the father is or how to find him. Can I sponsor him as an orphan? Thanks for your help.

IRCC's definition of an orphan is that both parents must be deceased. So by that definition, your nephew is not an orphan.

Your case is someone unique since the father cannot be located. I don't know if IRCC would make an exception in this case. I suspect not (they generally don't make exceptions). But sometimes exceptions happen.

You should consult with a good Canadian immigration lawyer as a next steps.

 

[poetdave]

Thanks alot Scylla. This is quite helpful.

 

[canuck78]

Is the father on the birth certificate? What attempts have been made to contact? What did her will dictate? Is social services involved? Who has been caring for him during the mother's illness and after death? What citizenship is the child?

 

[vitorrio]

Hi Canuck78,
Those are good questions.
1. The father is not on the birth certificate.
2. Before her death, she said she was seeing a guy who visited the country briefly from the UK. She took in for him but she died two days later in the hospital after her delivery. We couldn't make contact with the guy before her death. She died of infection after delivery.
3. Social services was not involved. My cousin has been looking after the baby after his birth.
Citizenship is Nigerian.
Thanks.