If you are seeking special consideration on an application, you will need to request Humanitarian and Compassionate considerations. When requesting Humanitarian and Compassionate considerations you can essentially plead your case to an Immigration Officer making a decision on your matter.
However, just because you make these requests and provide your reasons does not necessarily mean that an officer will find you eligible for exemption based on Humanitarian and Compassionate consideration. Many people do not understand the complexity of such applications and expect that their reasons or viable enough to allow them an exemption to an immigration regulation. In fact, it is the opposite.
Factors that May Be Considered
Examples of the factors that may be considered include, but are not limited to:
- Establishment in Canada for example owning or renting property
- An inability to leave Canada that has led to establishment for example, working or giving birth in Canada
- Ties to Canada
- Best interests of any children affected by your application
- Health considerations
- Family violence considerations
- Consequences of your separation from relative
- Factors in your country of origin, any hardships you might face
- Any other relevant factors you wish to have considered that are not related to seeking protection.
Best interests of the child
The best interests of any children directly affected by the decision made on your application will be taken into consideration as well. Immigration Officers must take into consideration in the assessment of your application.
Factors related to the best interests of the child may include but are not limited to the:
- age of the child,
- child’s establishment in Canada,
- conditions in the country of origin that could impact the child,
- medical needs of the child,
- child’s education, or
- child’s gender.
The best interests of a child do not outweigh all other factors in a case. The best interests of the child are only one of many important factors that will be considered by the decision maker.