Humanitarian and compassionate (H&C) considerations assessment: Dealing with family relationships
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Applies to in-Canada and overseas
To respect the objectives of the Immigration and Refugee Protection Act (IRPA), “humanitarian and compassionate values”, enshrined in the Canadian Charter of Rights and Freedoms and the International Covenant on Civil and Political Rights (ICCPR) should be considered. The relevant principles of the ICCPR include:
- non-interference in family life (Article 17)
- the importance and protection of a family unit by society and the State (Article 23)
- the child’s “right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State” (Article 24)
It is unnecessary to refer to and analyze the international human rights instruments to which Canada is a signatory. It is sufficient to address the substance of the issues raised.
Factors to consider
Factors related to country of origin
- An applicant’s links to their country of origin (such as the length of time they lived in their country of origin, their ability to speak the language, return visits since their arrival in Canada and family members remaining in the country of origin)
- Family members’ link(s) to the applicant’s country of origin, if applicable (such as the length of time spent in the applicant’s country of origin, their ability to speak the language of the applicant’s country of origin, other family members in the applicant’s country of origin)
Factors related to current immigration or citizenship status
Removing an individual from Canada may impact family members who have the legal right to remain (permanent residents, Canadian citizens, and so on). Other than a spouse or common-law partner, family members with legal status may include children, parents and siblings. The lengthy separation of family members could create a hardship that may warrant a positive H&C assessment. Decision-makers should consider
- the current immigration or citizenship status of each family member
- the applicant’s immigration status at the time they formed the family links (status at the time of marriage, of having children, and so on)
- if the applicant’s immigration status was lost after they formed the family links, what the original status was and under what circumstances the status was lost
Factors related to links with family members
- Canada’s interest (in light of the legislative objective to maintain and protect the health, safety and good order of Canadian society)
- Family interests (in light of the legislative objective to facilitate family reunification)
- The circumstances of all family members, with particular attention given to the best interests and situation of any dependent children
- The particular circumstances of any children of the applicant (age, needs, health and emotional development)
- Financial dependence of the family members
- Whether the applicant could have been a member of the family class if they had applied outside Canada
- Whether relationship links with family members (children, spouse, parents, siblings) reflect an ongoing connection rather than just a biological association
- An applicant’s place of residence in relation to the family members, particularly their children
- Any previous period of separation (duration and reason)
- Court order in relation to custody arrangements, if applicable
- If the applicant is the non-custodial parent, whether they have been exercising their visitation rights
- Information in the family court documents about the family’s circumstances
- The degree of psychological/emotional support in relation to other family members
- Whether the family will have the option of being together in another country or be able to maintain contact
- The impact on family members, especially children, if the applicant is removed
Adult applicants may present submissions from or on behalf of members of their family, setting out the family members’ views. For children, such submissions should be considered in accordance with the age and maturity of the child, recognizing the increasing capacity of children as they mature to present their own views.
De facto family members
De facto family members are persons who do not meet the definition of a family class member. They are in a situation of dependence that makes them a de facto member of a nuclear family that is either in Canada or applying to immigrate to Canada. Some examples are a son or daughter (over age 22), a brother or sister left alone in the country of origin without family of their own, an elderly relative such as an aunt or uncle, or an unrelated person who has lived with the family for a long time. Children may also be included in a guardianship relationship when adoption as described in subsection 3(2) of the Immigration and Refugee Protection Regulations (IRPR) is not possible. Separation of persons in such a genuine dependent relationship may be grounds for a positive assessment.
Decision-makers should determine whether sufficient H&C considerations exist to allow such persons to immigrate to Canada by assessing
- whether the dependency is bona fide or was created for immigration purposes
- the level of dependency
- the stability of the relationship
- the duration of the relationship
- the possible impact of a separation
- the financial and emotional needs of the applicant in relation to the family unit
- the ability and willingness of the family in Canada to provide support
- the applicant’s other options, such as family (spouse, children, parents, siblings) outside of Canada who are able and willing to provide support
- documentary evidence about the relationship (such as joint bank accounts or real estate holdings, other joint property ownership, wills, insurance policies, letters from friends and family)
- the person’s diverse intersectional identity factors
- any other factors relevant to the H&C decision
Family violence
Spouses and family members who are in abusive relationships and do not hold permanent resident or Canadian citizen status may feel pressured to stay in the abusive relationships to maintain their status or to remain in Canada, potentially leading them to experience hardship.
Decision-makers should exercise sensitivity and understanding when evaluating cases where a spouse or another family member of a Canadian citizen or permanent resident leaves an abusive situation and, as a result, does not have an approved family class sponsorship.
Consider the following factors:
- information indicating that there was abuse, such as police incident reports, charges or convictions, reports from shelters for abused women, medical reports, and so on.
- whether there is a degree of establishment in Canada
- the hardship that would result if the applicant had to leave Canada
- the laws, customs and culture in the applicant’s country of origin
- the support of relatives and friends in the applicant’s home country
- whether the applicant has children in Canada and/or is pregnant
For more information, see
Victims or survivors of family violence and A39
If the applicant is a victim or survivor of family violence, decision-makers should consider whether an exemption from section A39 of the IRPA could be applied in the following circumstances:
- it is not uncommon for individuals experiencing abuse to be unable to financially support themselves when escaping a situation of violence, resulting in a reliance on social assistance until they can re-establish themselves
- survivors of family violence may have difficulty regaining their financial footing even after escaping an abusive relationship as they cope with many barriers, such as
- instability of housing
- child-care needs
- social isolation
- a lack of language skills or work experience (in some cases)
- survivors of family violence may experience low self-confidence and lack the personal empowerment required to become gainfully employed; many may not be ready to enter the workforce until they have obtained appropriate counselling for mental or emotional trauma
- survivors with dependent children may not receive child support from their former abusive partner and require social assistance to support their families; for some, even if they are able to work, the cost of child care may outweigh potential earnings, resulting in a reliance on social assistance as a more viable financial choice
- in some situations, applicants may not be able to access key social support, such as housing or community supports, unless they are on social assistance
- for all the reasons listed above, these applicants may experience long-term trauma impacts, resulting in a long and slow process toward sustainable employment after escaping a family violence situation
Decision-makers may need to consider applying this exemption on their own initiative, as applicants may not know to ask, and their situations may vary according to provincial or territorial social assistance eligibility requirements and programs.
Note: If a section A39 exemption is granted, decision-makers should include the waiver in both the approval in principle (AIP) letter and the Global Case Management System (GCMS).
For more information:
Sponsorships: Family class applicants for humanitarian and compassionate (H&C) considerations overseas
Applicants in the family class whose sponsor is ineligible may request H&C consideration to overcome the requirement to have an eligible sponsor. Only foreign nationals may request H&C consideration (subsection A25(1)). The sponsor, whether a permanent resident or a Canadian citizen, may not request H&C consideration.
If the sponsor has been found ineligible, they must indicate in the appropriate box on their sponsorship application that they wish to have their application forwarded to the migration office for processing, along with the application for a permanent resident visa of the foreign national they are sponsoring.
The applicant must request an exemption from the requirement to have an eligible sponsor. Decision-makers must consider whether the applicant would be able to help the sponsor become self-supporting.
If a sponsor is eligible but the applicant is not, the foreign national would have to request H&C consideration in writing.