Humanitarian and compassionate consideration stage 1 processing in Canada: Applicants with family relationships

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

Spouses and common-law partners

Marriage or the existence of a common-law relationship is not automatically considered sufficient grounds for a positive humanitarian and compassionate decision, neither is a physical separation of the couple. There are no determinative factors when processing an H&C application. While a marriage or the existence of a common-law relationship is an important factor to consider, you must take into consideration all the factors of the case before deciding whether or not to grant an exemption. You should consider the consequences of separation on the relationship and other family members.

If an applicant who applies for H&C has an outstanding Spouses and Common-law partners in Canada Class (SCLPC) application (without an H&C request), do not assess the H&C request.

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