Welcome to your newest ICCRC Exam Prep lesson on Orphaned Family Member Sponsorship!

Estimated study time: 2 hours

Important links

Sponsorship of adopted children and other relatives — The sponsor’s guide (IMM 5196)

http://www.cic.gc.ca/english/information/applications/guides/5196ETOC.asp

OP 3 Section 5.20

http://www.cic.gc.ca/english/resources/manuals/op/op03-eng.pdf

OP 2 Section 6 Definitions

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

IP 2 Section 5.4

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

Determine your eligibility – Sponsor your eligible relatives

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

Sponsor your relatives

http://www.cic.gc.ca/english/immigrate/sponsor/relatives.asp

IRPA/R R4 R117(1)(f) R130 R133 

 

In the news

From CBC News: Orphaned African children stuck in immigration limbo for 2 years, says Calgary aunt

http://www.cbc.ca/news/canada/calgary/orphaned-african-children-caroline-ijang-cameroon-1.3597689

From CBC News: International adoptions decline dramatically in Canada, Global trend is to encourage domestic adoptions to keep kids in their countries of origin.

http://www.cbc.ca/news/politics/international-adoptions-canada-decline-1.4253698

 

Important cases

Canada (Minister of Citizenship and Immigration) v. Vonn is a case from 2006, but is still relevant in terms of your ICCRC studies since it gives a great outline of the level of proof required in order to sponsor an orphaned relative. https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/51794/index.do?r=AAAAAQAGb3JwaGFuAQ

Ly v. Canada (Minister of Citizenship and Immigration) is also an interesting case that will help you gain a better understanding of both the ‘Lonely’ Family Member and Orphaned Relative areas of Family Immigration. https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/37987/index.do?r=AAAAAQAGb3JwaGFuAQ

Here is a decision that shows that if a person was raised alone by a mother who passed away, never knew who her father was, was never in contact with him and his name does not exist in any legal documents, such as a birth certificate, the person can be sponsored as an orphan, regardless of if this ‘father’ is still alive. https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/109227/index.do?r=AAAAAQAJMTE3KDEpKGYpAQ

Here is a great decision to give you some insight into the standard of proof required to demonstrate the relationship between an uncle and his orphaned nephews and nieces: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/42861/index.do?r=AAAAAQAJMTE3KDEpKGYpAQ