Step Children Sponsorship

[mukaranga]

Hello,
I am in the process of getting my PR through the In-Canada Refugee class. I have just received a letter from CIC suggesting that they need information about my step daughter otherwise they think she doesn't meet the family and dependent definition. Any one been in this situation? and What information do I need to provide?:
Step daughter is 20. Her mom passed away more than 5yrs ago. Her father(my husband) also passed away more than 6 years ago.
Thanks for your assistance.

 

[canuck_in_uk]

Hello,
I am in the process of getting my PR through the In-Canada Refugee class. I have just received a letter from CIC suggesting that they need information about my step daughter otherwise they think she doesn't meet the family and dependent definition. Any one been in this situation? and What information do I need to provide?:
Step daughter is 20. Her mom passed away more than 5yrs ago. Her father(my husband) also passed away more than 6 years ago.
Thanks for your assistance.

She isn't your dependent. Did you try to include her?

 

[mukaranga]

yes, she is included because i thought children of the spouse under the age of 22 qualify under the dependent definition as per Section 1(3) of the regulation below. The letter says;
"There is no evidence provided in your file indicating that this child is a dependent. This child therefore
does not meet the parts a(i) or a(ii) of the definition for dependent child under the section 2 of the
Regulations and is not eligible to be processed as a dependent child. As a result, this child also does
not meet the definition of a member of the family class."
Fore reference Section 1& 2 of the Regulation says:
Subsection 1(3) of the Immigration and Refugee Protection Regulations states that “family member” in
respect of a person means:
(a) the spouse or common-law partner of the person;
(b) a dependent child of the person or of the person’s spouse or common-law partner; and
(c) a dependent child of a dependent child referred to in paragraph (b).

Pursuant to section 2 of the Regulations, a dependent child, in respect of a parent, means a child
who
(a) has one of the following relationships with the parent, namely,
o (i) is the biological child of the parent, if the child has not been adopted by a person
other than the spouse or common-law partner of the parent, or
o (ii) is the adopted child of the parent; and
(b) is in one of the following situations of dependency, namely,
o (i) is less than 22 years of age and is not a spouse or common-law partner, or
o (ii) is 22 years of age or older and has depended substantially on the financial support
of the parent since before attaining the age of 22 years and is unable to be financially
self-supporting due to a physical or mental condition. (enfant à charge)

 

[jddd]

Did you legally adopt the child of your husband? If not, then the child cannot be sponsored as she is not your dependent.

Technically, you do not have a spouse.

 

[mukaranga]

Thanks/ It sounds unfair that someone can not sponsor a step child you lived with when her father was alive. Sounds like double punishment. Legally adopting someone at 20years is not even easier.

 

[jddd]

Thanks/ It sounds unfair that someone can not sponsor a step child you lived with when her father was alive. Sounds like double punishment. Legally adopting someone at 20years is not even easier.

Although I sympathize with you, please remember that you were granted safety in Canada. The fact that you did not legally adopt your step child earlier is now a barrier for you. Alas, this is life. You win some (getting asylum) and you lose some (not being able to sponsor your step child). That sounds quite fair to me.

 

[Qwertypod]

Thanks/ It sounds unfair that someone can not sponsor a step child you lived with when her father was alive. Sounds like double punishment. Legally adopting someone at 20years is not even easier.

Although I sympathize with you, please remember that you were granted safety in Canada. The fact that you did not legally adopt your step child earlier is now a barrier for you. Alas, this is life. You win some (getting asylum) and you lose some (not being able to sponsor your step child). That sounds quite fair to me.

Agreed. I feel for the person, but at the end of the day, legally there is no connection to the step daughter.

 

[canuck_in_uk]

yes, she is included because i thought children of the spouse under the age of 22 qualify under the dependent definition as per Section 1(3) of the regulation below. The letter says;
"There is no evidence provided in your file indicating that this child is a dependent. This child therefore
does not meet the parts a(i) or a(ii) of the definition for dependent child under the section 2 of the
Regulations and is not eligible to be processed as a dependent child. As a result, this child also does
not meet the definition of a member of the family class."
Fore reference Section 1& 2 of the Regulation says:
Subsection 1(3) of the Immigration and Refugee Protection Regulations states that “family member” in
respect of a person means:
(a) the spouse or common-law partner of the person;
(b) a dependent child of the person or of the person’s spouse or common-law partner; and
(c) a dependent child of a dependent child referred to in paragraph (b).

Pursuant to section 2 of the Regulations, a dependent child, in respect of a parent, means a child
who
(a) has one of the following relationships with the parent, namely,
o (i) is the biological child of the parent, if the child has not been adopted by a person
other than the spouse or common-law partner of the parent, or
o (ii) is the adopted child of the parent; and
(b) is in one of the following situations of dependency, namely,
o (i) is less than 22 years of age and is not a spouse or common-law partner, or
o (ii) is 22 years of age or older and has depended substantially on the financial support
of the parent since before attaining the age of 22 years and is unable to be financially
self-supporting due to a physical or mental condition. (enfant à charge)

As explained, she is not your dependent. You could attempt to adopt her and see if IRCC will recognize it as legitimate. Given that you were her stepmother, it is possible. However, they may still see it as an Adoption of Convenience.