The removal of an individual from Canada may have an impact on family members who do have the legal right to remain. Other than a spouse or common-law partner, family members with legal status may include, among others, children, parents and siblings. The lengthy separation of family members could create a hardship that may warrant a positive Stage 1 assessment.
To evaluate such cases, officers will balance the various interests at stake:
- Canada’s interest;
- family interests;
- the circumstances of all family members, with particular attention given to the interests and situation of any dependent children with legal status in Canada;
- the particular circumstances of the applicant’s child (age, needs, health, emotional development);
- financial dependence involved in the family ties; and
- the degree of hardship in relation to the applicant’s personal
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 children’s age and maturity, recognizing the increasing capacity of children as they mature to present their own views.
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