Q: My uncle is living in Canada. I want to claim five points for having a blood relative living there. Please let me know what documents I would need to prove that he’s my uncle. He has lots of documents to prove that he’s permanently living in Canada and will provide me those, but I don’t know what documents they will ask me to provide to prove that he’s my uncle.
A: Amongst the many requirements that applicants must meet to be approved under our Federal Skilled Worker category, they must also score at least 67 points. Points are awarded for a number of things such as education, age, abilities in English or French, work experience, etc.
If you can prove that you have a qualifying relative living in Canada who is a Canadian citizen or permanent resident then you will be awarded five points for “adaptability,” since it is assumed that your relative will help you to adapt to your new life in Canada.
It is important to note that your uncle cannot “sponsor” you and, in fact, does not assume any responsibility for you in any way. He does not need to “consent” to your immigration as it is his status and residency in Canada that gives you points, not his willingness to support you. Interestingly enough, there is no legal requirement that he even know of your immigration plans although it is likely that he will since you will likely need his help in gathering certain documents.
What you must do is prove three things. First, you must prove his status in Canada through a Canadian birth certificate, passport, citizenship certificate, or a record of landing or permanent resident card.
You must also show that he is living here. This is usually accomplished through a provincial driver’s license, a Canadian employment letter, a deed to property here, utility bills etc.
As for proving his relationship, there is no method stated in our immigration laws for doing so. Normally, you will be asked to provide the birth certificate of your parent who is your uncle’s sibling. You will also need your uncle’s birth certificate. Both certificates should show the same parents. This proves that your uncle is the sibling of one of your parents.
When one or both of these birth certificates is not available, you will need to get creative. You should always start by producing affidavits from one or more reliable sources attesting to the qualifying relationship and the source of that knowledge. You should also have a sworn statement explaining the absence of these certificates. Officers know that in many parts of the world births are not always recorded. If your uncle immigrated to Canada, he may have disclosed the existence of your parent when he completed his forms. That might help to buttress your case. If he didn’t…look out!
Remember, you bear the burden of proving your case. If you need these points to reach 67, the officer will look at your evidence much more closely because it is determinative of your application and you are relying on less than ideal proof.
I am confident that you will be fine and that you will be joining your uncle here sometime soon.
Guidy Mamann practices law in Toronto at Mamann, Sandaluk and is certified by the Law Society of Upper Canada as an
immigration specialist. Reach him confidentially at 416-862-0000 or at
metro@migrationlaw.com.
