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Understanding De Facto Family Member in Canadian Immigration: A Comprehensive Guide

This Blog explores the definition, legal basis, eligibility criteria, real-world applications, and case law related to De Facto family members under Canadian immigration policy.

Canadian Immigration is a significant life decision, and the immigration system offers a variety of pathways for individuals and families. While the main categories for family sponsorship typically include spouses, common-law partners, dependent children, and parents or grandparents, Immigration, Refugees and Citizenship Canada (IRCC) also recognizes a lesser-known category called the De Facto Family Member. This designation provides opportunities for people who don’t fall under traditional definitions of family but share a close and dependent relationship with the sponsor or applicant.

What is a De Facto Family Member?

De Facto Family Member

A De Facto family member in Canadian immigration is a person who is not related to the applicant or sponsor by blood, marriage, or common-law partnership but is treated as a family member due to a strong and long-standing emotional or financial dependency. The term “De Facto” means “in fact” — so these individuals are considered family not legally, but in practice.

Key Characteristics of a De Facto Family Member:

  1. No Legal or Biological Relationship
    They are not spouses, children, parents, or siblings in the legal or biological sense.

  2. Close, Family-Like Bond
    There must be a genuine and sustained relationship, like a niece raised as a daughter, or an elderly neighbor cared for like a parent.

  3. Emotional and/or Financial Dependence
    The De Facto member often relies on the applicant for support, guidance, or daily care.

  4. Shared Household or Cohabitation
    They may live together in the same household, although this isn’t always required.

  5. Risk of Hardship if Separated
    Immigration officers assess whether excluding the person from the immigration application would cause undue hardship — emotional, medical, financial, or otherwise.

When is This Used?

The De Facto family member concept is most commonly used in:

  • Refugee resettlement applications

  • Humanitarian and Compassionate (H&C) grounds

  • Situations where family unity is critical but traditional definitions do not apply

Important Note:

Being a De Facto family member does not guarantee a visa or permanent residence. The relationship must be well-documented and clearly demonstrate that the person is essentially part of the family unit.

Let me know if you’d like real-world examples or how to prove someone is a De Facto family member in an application.     

In Canadian immigration, someone may be considered a De Facto family member if they have a strong, dependent relationship with a sponsor or applicant—similar to that of a family member—despite not being legally or biologically related. Immigration, Refugees and Citizenship Canada (IRCC) considers these individuals on a case-by-case basis, primarily in refugee or humanitarian and compassionate (H&C) cases.

Who Can Be Considered a De Facto Family Member?

A De Facto family member can be any person who meets the following general criteria:

1. Not Legally Related to the Sponsor/Applicant

  • Not a spouse, common-law partner, child, parent, or sibling in the legal or biological sense.

2. Has a Genuine Family-Like Relationship

  • Examples:

    • A niece or nephew raised as a son or daughter

    • A grandchild living with and depending on the applicant

    • A friend or community member with whom the applicant shares a household and responsibilities

    • An elderly person cared for as a parent

3. Demonstrates Emotional or Financial Dependency

  • Must show that they rely on the sponsor/applicant for daily care, support, protection, or emotional well-being.

4. Separation Would Cause Undue Hardship

  • IRCC must be convinced that leaving the person behind would cause significant emotional, medical, or financial hardship.

What Kind of Proof Is Required in De Facto family?

Because De Facto family member cases are discretionary and based on humanitarian considerations, strong supporting documentation is essential. The goal is to convince IRCC that the relationship is real, close, and dependent.

A. Proof of Relationship and Cohabitation

  • Letters from neighbors, teachers, community leaders, etc., describing the relationship

  • School or medical records showing shared addresses

  • Joint lease agreements or utility bills

  • Photographs showing family life over time

  • Shared travel documents, tickets, or trips taken together

B. Proof of Emotional or Financial Dependency

  • Bank records showing shared finances or transfers of money

  • Receipts for medical care, education, or food paid by the applicant for the De Facto family member

  • Testimony or affidavits showing reliance on the applicant for emotional or physical support

  • Psychological assessments (especially in child or trauma cases)

C. Evidence of Hardship if Separated

  • Medical or psychological reports showing the harm separation would cause

  • Child protection evaluations

  • Expert letters from social workers or doctors

  • Documentation showing that no one else is available to care for the person

D. Legal Declarations or Affidavits

  • Sworn statements from both the applicant and the De Facto family member outlining the history and depth of the relationship

  • Affidavits from community members confirming the family-like bond

Real-Life Example:

A 14-year-old boy, raised by his aunt after his parents died, is included in the aunt’s refugee application. Though he is not her biological son, she has raised him since infancy. She provides his school fees, medical care, and emotional support.

To include him as a De Facto family member, she would submit:

  • A sworn affidavit about his upbringing

  • Photos showing him growing up with her

  • Letters from school officials or neighbors

  • Medical records showing she signed as guardian

  • A psychological report showing separation would cause trauma

Important Considerations:

  • IRCC officers have wide discretion—meaning there’s no guarantee.

  • The case must be compelling and backed by credible evidence.

  • The De Facto family member must usually be included at the time of application. Adding them later is very difficult.

  • Best results are seen in refugee resettlement and H&C applications.

 

In Canadian immigration, De Facto family members are typically considered in special humanitarian circumstances—especially in refugee resettlement or Humanitarian and Compassionate (H&C) applications. Since there is no separate “De Facto family member” immigration stream, this status is used to justify the inclusion of someone in another person’s application, even if they are not biologically or legally related.

Who Can Apply to Include a De Facto Family Member?

1. Principal Applicants in Refugee Resettlement Programs

If you are applying to resettle in Canada as a refugee—either under:

  • the Government-Assisted Refugees (GAR) program, or

  • the Private Sponsorship of Refugees (PSR) program—

you can include a De Facto family member in your application if:

  • They live with you as part of your household

  • You share a close and dependent relationship

  • Separation would cause hardship or violate the principle of family unity

2. Persons Applying for Permanent Residence on Humanitarian & Compassionate (H&C) Grounds

If you are already in Canada and applying for permanent residence based on H&C grounds, you may include a De Facto family member by:

  • Explaining the nature of your relationship

  • Showing that separating you would cause undue hardship to them or you

3. Refugees Claiming Asylum in Canada

In-Canada refugee claimants (those who claim asylum at the border or inland) can ask that a De Facto family member be included or considered for humanitarian reasons, especially if they’re already in Canada together.

How to Apply to Include a De Facto Family Member

There is no standalone “De Facto family” application form. Instead, the person must be included in one of the following application types—with documentation to prove the relationship.

A. Refugee Resettlement (Overseas)

If you are applying for refugee resettlement:

  1. Include the De Facto family member in your UNHCR referral or Canadian resettlement forms as a member of your household.

  2. Provide an explanation in a cover letter or statement about why they are part of your family unit.

  3. Submit evidence (see previous message) of dependency and hardship if separated.

  4. Your sponsor (private sponsor or government) should also explain why the De Facto family member is essential to your family unit.

Decision-makers at the Canadian visa office abroad will review and decide whether to accept the De Facto relationship.

B. Humanitarian and Compassionate (H&C) Applications (In Canada)

  1. Submit an application for permanent residence on H&C grounds using:

    • Form IMM 5283 (H&C Questionnaire)

    • Form IMM 0008 (Generic Application Form for Canada)

  2. Include the De Facto family member as a dependent (if they are in Canada), or make a special request in your letter of explanation to include them.

  3. Explain clearly:

    • The family-like nature of your relationship

    • Their dependency on you

    • The hardship they or you would face if separated

  4. Include all evidence listed earlier (letters, photos, medical reports, affidavits, etc.)

C. Other Situations (e.g. Temporary Resident Permits, TRV)

In rare cases, you can request to include or bring a De Facto family member to Canada through:

  • A Temporary Resident Permit (TRP)

  • A Temporary Resident Visa (TRV), along with a letter explaining the special nature of the relationship

These are highly discretionary and often granted only when all other avenues are unavailable.

Summary of Required Documents:

Document Purpose
Letter of explanation Explains the De Facto relationship
Sworn affidavits Verifies relationship from applicant, De Facto member, or third parties
Photos Shows long-term cohabitation or shared life
Financial records Proof of support and dependency
Psychological/medical assessments Shows harm or hardship if separated
School, medical, or legal records Shows guardianship or joint care
Letters from community or religious leaders Confirms the family-like bond

 Final Tips

  • The case must be made persuasively. The immigration officer must be convinced the relationship is genuine and equivalent to a real family connection.

  • Processing times may be longer due to extra review.

  •  Always include the De Facto family member at the time of initial application when possible—adding them later is often difficult or denied.

 

How long is the process ?

The processing time for a De Facto family member depends on the type of immigration or refugee application they are included in. Because there is no dedicated “De Facto family member” stream, these cases are reviewed under existing programs—often requiring extra scrutiny and documentation, which can lengthen the timeline.

Here’s an overview by category:1. Refugee Resettlement (Overseas)

Program:

  • Government-Assisted Refugees (GAR)

  • Private Sponsorship of Refugees (PSR)

Processing Time:

  • Estimated about 12 to 24 months on average, but can vary based on:

    • Country of asylum (some visa offices are slower)

    • Security and medical checks

    • Volume of applications

De Facto Review Impact:

  • Cases involving De Facto family members often take longer than standard family-unit applications.

  • Additional time is required for:

    • Interviews to verify the relationship

    • Review of supporting evidence

    • Possible internal consultation with IRCC headquarters

Add 3–6 months extra for De Facto complexity.

2. Humanitarian and Compassionate (H&C) Applications (In Canada)

Program:

  • Permanent residence based on humanitarian and compassionate grounds

Processing Time:

  • Estimated about 12 to 36 months

De Facto Review Impact:

  • Officers need to assess not only your H&C factors but also the De Facto relationship and the hardship of separation.

  • This typically leads to a more detailed and slower process.

Expect the higher end of the range (24–36 months), especially if the case is complex.

3. Temporary Resident Permit (TRP) or Visa (TRV)

Program:

  • TRP or TRV based on exceptional circumstances

Processing Time:

  • 3 to 9 months, but highly discretionary and uncommon for De Facto cases

These are usually emergency or short-term solutions while awaiting a longer-term immigration decision.

Why Does It Take Longer for De Facto Cases?

  1. Extra documentation: Officers must review emotional/financial dependency and verify non-legal relationships.

  2. Interview requirements: Interviews may be needed to assess relationship credibility.

  3. Case-by-case decisions: There are no standardized checklists or rules—officers must use judgment.

  4. Background checks: All dependents still undergo standard medical, security, and criminality screening.

Tips to Avoid Delays

  • Submit a complete application with all necessary documents up front

  • Provide a clear, organized letter of explanation

  • Use sworn affidavits and strong evidence to prove dependency

  • Be responsive to any additional requests from IRCC

  • Work with an immigration lawyer or consultant familiar with De Facto cases

What law is it under? IRPR 117(D9)

IRPR Section 117 describes who qualifies as a “member of the family class” for the purpose of family sponsorship under Canada’s immigration laws.

Specifically:

IRPR 117(1)(d) – A person may be considered a member of the family class if they are:

(i) an orphaned brother, sister, nephew, niece, or grandchild of the sponsor, who is under 18 years of age, and not a spouse or common-law partner, and
(ii) a relative of the sponsor—regardless of age or relationship—if the sponsor has no living spouse, common-law partner, child, parent, or grandparent they could otherwise sponsor.

Now, let’s break this down in relation to De Facto family members.

De Facto vs. IRPR 117(1)(d)

Feature De Facto Family (in refugee/H&C) IRPR 117(1)(d) (Family Class)
Program Humanitarian / Refugee Family Sponsorship
Law-based? Discretionary principle Codified in law
Relationship Any dependent person (no blood/legal tie required) Must be orphaned blood relative or sole remaining relative
Application Used to include someone in an immigration file Used to sponsor someone from abroad
Decision Basis Hardship, dependency, and family unity Clear eligibility rules under the IRPR

What connection does it have with H&C?

The concept of a De Facto family member is closely connected to Humanitarian and Compassionate (H&C) applications in Canadian immigration because both are based on exceptional, discretionary, and compassionate grounds. In other words, De Facto relationships are not covered under the regular immigration rules, but they may be recognized through an H&C application when strict legal definitions of family do not capture the full human reality of the relationship.

How De Facto Family and H&C Are Connected

1. No Legal Relationship? Use H&C Grounds

Under Canadian immigration law, family sponsorship is generally limited to:

  • Spouses and common-law partners

  • Dependent children

  • Parents and grandparents

This legal definition excludes many real-life family-like relationships—such as nieces raised like daughters, or a cousin who depends on you for care. When these people can’t immigrate under regular family classes, Humanitarian and Compassionate grounds become the only viable legal avenue to request special consideration.

✅ H&C provides a legal “back door” to request PR for someone not normally admissible under immigration rules—including De Facto family members.

2. H&C Allows Officers to Consider Best Interests of the Child & Hardship

The Immigration and Refugee Protection Act (IRPA) allows officers to consider:

  • The best interests of a child affected by the decision (section 25(1))

  • Hardship to the applicant or others if the application is refused

These provisions are key when trying to include a De Facto family member, such as:

  • A child raised by the applicant

  • An elderly relative who depends on the applicant for care

If excluding them would lead to emotional trauma, medical hardship, or abandonment, an H&C application gives IRCC the discretion to include them based on compassionate principles.

3. No Prescribed Category? H&C Covers the Gap

IRCC only allows certain relatives to be sponsored under regular programs. For others (e.g. siblings, cousins, extended relatives), an H&C application is often the only pathway.

For example:

🔹 You cannot sponsor your adult brother.
🔹 But if your brother is autistic and you’ve cared for him since your parents died, he might qualify as a De Facto family member on H&C grounds.

Without H&C, De Facto Relationships Have No Standing

If you submit an immigration application without an H&C component, and the person is not legally your spouse, partner, or dependent child, they will almost certainly be excluded from your case.

H&C is the legal mechanism that allows IRCC officers to:

  • Go beyond the regulations

  • Consider non-traditional family bonds

  • Make exceptions for compelling cases

H&C Factors Supporting a De Facto Family Relationship:

To strengthen an H&C application with a De Facto claim, include:

  • Detailed personal history showing emotional and/or financial dependence

  • Sworn affidavits from third parties confirming the relationship

  • Evidence of cohabitation

  • Proof of hardship (medical, emotional, legal) if refused

  • Best interests of the child, if minors are involved

The success of including a De Facto family member in a Canadian immigration application—especially under Humanitarian and Compassionate (H&C) grounds—depends on many factors, including the strength of the relationship, the hardship involved, and the quality of documentation. While there is no official success rate published specifically for De Facto family members, we can analyze the general trends from H&C and refugee decisions to give you a realistic picture.

Benefits of Including a De Facto Family Member

Including a De Facto family member can bring significant personal and humanitarian benefits if the application is successful:

1. Family Unity

  • Keeps the family together during resettlement or immigration

  • Prevents emotional distress and separation trauma

2. Legal Status in Canada

  • If approved, the De Facto member may receive:

    • Permanent residence

    • Access to health care, education, and work opportunities

3. Protection for Vulnerable People

  • Especially important in cases involving:

    • Orphans

    • Elderly dependents

    • Persons with disabilities or mental illness

  • IRCC may view the relationship as critical to their well-being

4. Stronger Case Overall

  • If a De Facto family member is particularly vulnerable, their inclusion may strengthen your entire immigration case under H&C by showing:

    • Greater hardship if separated

    • Greater need for compassion

    • More compelling humanitarian grounds

Success Rate (Realistic View)

1. Humanitarian and Compassionate (H&C) Applications

  • According to IRCC data:

    • Success rate of H&C applications is around 35% to 50%, depending on the year and office

  • Strong cases involving children, medical issues, or long-term relationships tend to be more successful

✅ Including a De Facto family member does not guarantee approval, but a compelling and well-documented claim can improve your chances

2. Refugee Resettlement Cases (Overseas)

  • Refugee applications including De Facto family members are approved if:

    • The relationship is clearly documented

    • The sponsor (e.g. private sponsor group) supports the inclusion

  • Visa officers have wide discretion but are instructed to respect family unity under UNHCR and Canadian guidelines

Cases can be delayed or rejected if:

  • The De Facto bond is weakly documented

  • There is suspicion of fraud or relationship of convenience

Factors That Improve Success Rate

Factor Why It Helps
Strong documentation (photos, affidavits, records) Proves genuine relationship and dependence
Emotional/medical dependency Demonstrates hardship if separated
Best interests of the child Required legal factor under IRPA
Long period of cohabitation Shows authenticity of the family-like relationship
Support from lawyers or community Adds credibility
Vulnerable status of De Facto member Enhances humanitarian value

Common Reasons for Refusal

Reason Explanation
Weak or missing evidence Officer not convinced of family-like relationship
No emotional or financial dependency Independent adults not considered family-like
Relationship created solely for immigration Suspected fraud or “convenience relationship”
De Facto member not included in the original application Late additions often denied unless justified
H&C factors not clearly presented Application lacks hardship or compelling argument

Final Tips to Maximize Success

  1. Explain clearly in a written statement why this person is your De Facto family member.

  2. Provide third-party affidavits from teachers, social workers, clergy, or neighbors.

  3. Include child-focused evidence if minors are involved—best interests of the child carry legal weight.

  4. Document the emotional and/or financial bond with consistency over time.

  5. Seek legal help if possible—immigration lawyers know how to build strong H&C cases.

Conclusion: 

While Canadian immigration laws are structured around strict definitions of family, the concept of a De Facto family member offers a compassionate alternative for those in non-traditional but deeply genuine relationships. Whether through refugee resettlement or Humanitarian and Compassionate (H&C) applications, individuals who are emotionally and financially intertwined—despite lacking legal or biological ties—can sometimes be recognized as family under Canadian immigration policy.

Including a De Facto family member is not a guaranteed process. It demands thorough documentation, compelling evidence, and a clear demonstration of hardship or dependency. Yet, for those whose lives are built around these bonds, the potential reward is invaluable: the chance to remain united, rebuild lives together, and contribute to Canadian society as a complete family unit.

In the end, De Facto family recognition stands as a reminder that immigration decisions are not only legal ones—they are also human ones. When approached with honesty, preparation, and compassion, it is possible to make a strong case for the inclusion of loved ones who may not fit traditional molds, but who are family in every meaningful sense.

With Canada continuing to open its doors to newcomers, there’s no better time to prepare, apply, and take the next step toward your Canadian dream with Surrey Immigration by your side.

Source : Immigration.ca