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De Facto Family Members

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 and ensure that there are no 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 for a substantial period or who are solely or for the most part dependent on the applicant for care, shelter, etc.

Examples of persons who should NOT be found to be 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, but who is not without family of his or her own.
CONTACT ROBINSON SHEPPARD SHAPIRO
Robinson Sheppard Shapiro

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