To file a successful Humanitarian and Compassionate application, you need to keep the following in mind:
H&C Factors related to the country of origin
- an applicant’s links with their country of origin (e.g. the length of time they resided 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); and
- family members’ link(s) to the applicant’s country of origin, if applicable (e.g. 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).
H&C Factors related to current immigration or citizenship status
- the current immigration or citizenship status of each member of the family;
- the applicant’s immigration status at the time the family links were formed (i.e. status at the time of marriage, of having children, etc.); and
- If the applicant’s immigration status was lost after the family links were formed, what was the original status, and under what circumstances was the status lost?
H&C Factors related to links with family members
- the effective links with family members (children, spouse, parents, siblings, etc.) in terms of an ongoing relationship as opposed to a simple biological fact of relationship;
- an applicant’s place of residence in relation to the family members, particularly their children;
- any previous period of separation (what was the duration and the reason?);
- court order in relation to custody arrangements, if applicable;
- if the applicant is a non-custodial parent, have they been exercising their visitation rights?
- information indicated 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; and
- the impact on family members, especially children, if the applicant is removed.