Immigration Law

Humanitarian & Compassionate Applications

Humanitarian and compassionate applications are assessed based on the applicant’s establishment in Canada and the degree to which the applicant would experience hardship if forced to apply from outside of Canada.

Factors that may be considered include, but are not limited to:

a)  establishment in Canada

b)  an inability to leave Canada that has led to establishment

c)  ties to Canada, which can be demonstrated by:

      • letters of support from work, friends, school or volunteer work.
      • proof of any training or course you have taken that shows your skills have improved.
      • copies of your latest Notice of Assessment from Canada Customs and Revenue and proof of assets in Canada.
      • demonstration of how you are adapting and what are your plans for the future in Canada.

d)  best interests of any children affected by your application, including:  

      • age of the child
      • child’s establishment in Canada
      • conditions in the country of origin that could impact the child
      • medical needs of the child
      • child’s education, or
      • child’s gender

e)  health considerations

f)  family violence considerations

g)  consequences of your separation from relatives

h)  factors in your country of origin (not related to seeking protection)

j)  any other relevant factors you wish to have considered that are not related to   seeking protection.

The existence of a pending humanitarian and compassionate application does not prevent the Minister from deporting the applicant from Canada before his/her application has been considered.