Submitting an application for H&C arguments is essentially asking an officer to consider the hardships you might face should you not receive the exemption you are requesting.
The exemption is typically to overcome the requirement of obtaining a permanent residence visa from abroad, to overcome class eligibility requirements and/or inadmissibility on Humanitarian and Compassionate grounds. Officers will assess the hardship that you would face.
You may base your requests for H&C consideration on any number of factors, including:
- establishment in Canada;
- ties to Canada;
- the best interests of any children affected by their application;
- factors in their country of origin (this includes but is not limited to Medical inadequacies, discrimination that does not amount to persecution, harassment or other hardships
- health considerations;
- family violence considerations;
- consequences of the separation of relatives;
- inability to leave Canada has led to the establishment; and/or
- any other relevant factor they wish to have considered
These factors need to be addressed to the best of your ability by providing documentary evidence. Any claim of hardship needs to be adequately supported by proof to satisfy an officer. Without proof, your arguments become allegations and will likely not lead to a successful application.
Generally, factors relating to a child’s emotional, social, cultural and physical welfare should be taken into account. Some examples of factors that you may raise include but are not limited to:
- the age of the child;
- the level of dependency between the child and the H&C applicant or the child and
- their sponsor;
- the degree of the child’s establishment in Canada;
- the child’s links to the country in relation to which the H&C assessment is being considered;
- the conditions of that country and the potential impact on the child;
- medical issues or special needs the child may have;
- the impact on the child’s education, and matters related to the child’s gender.
The best interests of the child must be considered when a child is under 18 years of age at the time the application is received. There may, however, be cases in which the situation of older children is relevant and should be taken into consideration as well.