Express entry eligibility sibling points with DNA report

[rashpal26]

I have a complicated case. I am July 1st AOR and requested gcms and got reply that eligibility analyst have sent my application for MI3 review for sibling points. My sister was adopted by uncle and all documents including birth certificate has uncle name as father. So I attached DNA report, which Cic consider as last resort but it has to be initiated by ircc. I did it of my own, as this was only option to attach something under sibling proof. Now I suspect IRCC could reject. mentioned all of this in loe and also confirmed this ircc official handle before claiming points. What are the odds of approval and options in case if rejection.

 

[canuck_in_uk]

I have a complicated case. I am July 1st AOR and requested gcms and got reply that eligibility analyst have sent my application for MI3 review for sibling points. My sister was adopted by uncle and all documents including birth certificate has uncle name as father. So I attached DNA report, which Cic consider as last resort but it has to be initiated by ircc. I did it of my own, as this was only option to attach something under sibling proof. Now I suspect IRCC could reject. mentioned all of this in loe and also confirmed this ircc official handle before claiming points. What are the odds of approval and options in case if rejection.

Legally, she is not your sister. The legal relationship with her was severed when she was adopted.

 

[rashpal26]

Legally, she is not your sister. The legal relationship with her was severed when she was adopted.

Check this one ,

https://twitter.com/rashpal26/status/986799670428160001?s=19

Also wording on Cic says related by blood and my sister is related by blood.

To get these points, the brother or sister must also be

• 18 years old or older
• related by blood, marriage, common-law partnership or adoption
• have a parent in common

 

[canuck_in_uk]

Check this one ,

https://twitter.com/rashpal26/status/986799670428160001?s=19

Also wording on Cic says related by blood and my sister is related by blood.

To get these points, the brother or sister must also be

• 18 years old or older
• related by blood, marriage, common-law partnership or adoption
• have a parent in common

Blood doesn't count for everything. IRCC states that an adopted child cannot sponsor their biological parents. The blood relationship is overruled by the fact that the legal relationship was severed.

 

[rashpal26]

Blood doesn't count for everything. IRCC states that an adopted child cannot sponsor their biological parents. The blood relationship is overruled by the fact that the legal relationship was severed.

Sponsorship is totally different from adaptability points I claimed, my sister is not sponsoring me. IRCC clearly said in their response that if I can prove blood relationship, I can claim the points. Anyways I have raised the case soecispe query for IRCC again.

 

[canuck_in_uk]

Sponsorship is totally different from adaptability points I claimed, my sister is not sponsoring me. IRCC clearly said in their response that if I can prove blood relationship, I can claim the points. Anyways I have raised the case soecispe query for IRCC again.

The point is that IRCC has defined the blood relationship vs. the legal relationship.

 

[rashpal26]

Isn't adaptability and sponsorship two different concepts. I am claiming adaptability points, I know after adoption biological relatives cannot be sponsored

 

[canuck_in_uk]

Isn't adaptability and sponsorship two different concepts. I am claiming adaptability points, I know after adoption biological relatives cannot be sponsored

My point is that IRCC clearly defined the difference between blood vs. legal, so that difference may be across the board. The purpose of the adaptability points is to have a relationship with the person; generally, the relationship with biological relatives is severed after adoption, so it makes sense to not allow it.

 

[rashpal26]

Let's see , wha

My point is that IRCC clearly defined the difference between blood vs. legal, so that difference may be across the board. The purpose of the adaptability points is to have a relationship with the person; generally, the relationship with biological relatives is severed after adoption, so it makes sense to not allow it.

Let's see what's the outcome of review, I am positive as Case Analyst raised objection that Birth Certificate is not attached as per GCMS. He didn't say that i cannot claim Sibling points for the blood sister. Thanks for your reply @canuck_in_uk

"Please review documents provided. Sister would be adopted by aunt and uncle. PA provided DNA testing as proof of relationship. Points not given to PA. PA would obtain 15 CRS points + 5 FSW points if Canadian Sibling is accepted. No BC provided"

 

[rashpal26]

My point is that IRCC clearly defined the difference between blood vs. legal, so that difference may be across the board. The purpose of the adaptability points is to have a relationship with the person; generally, the relationship with biological relatives is severed after adoption, so it makes sense to not allow it.

Hey @canuck_in_uk , can you have a look at this and tell me what are your views about sibling,


Found these here

a. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html


Points for sibling in Canada
31 (1) Fifteen points may be assigned to a foreign national if either they or their accompanying spouse or common-law partner has at least one sibling who is

• (a) 18 years or older;
• (b) a Canadian citizen or permanent resident; and
• (c) living in Canada.

Clarification
(2) For the purpose of subsection (1), a sibling of a foreign national or of the foreign national’s accompanying spouse or common-law partner is the biological or adoptive child of

• (a) their father or their mother;
• (b) their father’s or mother’s spouse; or
• (c) their father’s or mother’s common-law partner.

 

[canuck_in_uk]

Hey @canuck_in_uk , can you have a look at this and tell me what are your views about sibling,


Found these here

a. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html


Points for sibling in Canada
31 (1) Fifteen points may be assigned to a foreign national if either they or their accompanying spouse or common-law partner has at least one sibling who is

• (a) 18 years or older;
• (b) a Canadian citizen or permanent resident; and
• (c) living in Canada.

Clarification
(2) For the purpose of subsection (1), a sibling of a foreign national or of the foreign national’s accompanying spouse or common-law partner is the biological or adoptive child of

• (a) their father or their mother;
• (b) their father’s or mother’s spouse; or
• (c) their father’s or mother’s common-law partner.

My thoughts would still be that the adoption severs the relationship but I could certainly be wrong. This is such an uncommon situation, I don't know how IRCC will treat it.

 

[rashpal26]

My thoughts would still be that the adoption severs the relationship but I could certainly be wrong. This is such an uncommon situation, I don't know how IRCC will treat it.

@canuck_in_uk IRCC accepted the DNA report. It's ppr finally.

 

[canuck_in_uk]

@canuck_in_uk IRCC accepted the DNA report. It's ppr finally.

Interesting to know. Thanks for updating.