One of the most important considerations in a humanitarian and compassionate (H&C) application is the best interests of any child directly affected by the decision. This principle, rooted in both Canadian and international law, requires Immigration, Refugees and Citizenship Canada (IRCC) officers to give significant weight to the welfare, development, and well-being of children when assessing an H&C case.

The “best interests of the child” principle does not guarantee that an application will be approved, but it can strongly influence the outcome, especially in cases where the child is a Canadian citizen, a permanent resident, or has spent a substantial portion of their life in Canada. Officers must evaluate how removal of the child, the child’s parents or other significant people in the child’s life, would affect the child’s emotional/psychological stability, education, health, safety, opportunities and sense of security.

This assessment is highly fact-specific and discretionary. Officers consider factors such as the child’s age, ties to Canada, language abilities, adaptability to life in another country, and in the case of removal of a parent or similar, their level of dependency on them. A child who has never lived outside Canada, or moved to Canada at a young age, speaks only English or French, and has established friendships and schooling here will generally be seen as more vulnerable to disruption than a child with strong connections to another country. Officers often consider the interests of very young children to remain with their parent(s), even if removed from Canada, as the bond and dependency on parents are stronger than to Canada.  This will depend on how the application is presented, along with key evidence to support the idea that remaining in Canada is essential to the child’s wellbeing.

The impact on education is often a key issue. A child who is thriving in school, participating in extracurricular activities, and supported by familiar teachers and peers may face significant academic and emotional setbacks if uprooted. Similarly, a child’s physical and mental health needs are highly relevant. If a child is receiving specialized medical treatment or therapy in Canada that would be unavailable or inaccessible elsewhere, or if the child will be seriously, negatively impacted by removal, that fact must be clearly documented.

Family unity is another major consideration. Officers look at whether removing the child or the child’s parent(s) or other close relative, would separate the child from a parent or primary caregiver. Prolonged separation can cause emotional distress and long-term developmental harm. The more dependent a child is on the such a person or people for emotional, physical, and financial support, the stronger this factor becomes.

A clear strategy, very thorough preparation and evidence are essential. Successful H&C applications involving children typically include school records, letters from teachers or coaches, medical reports, psychological assessments, and statements from community members who know the child’s situation. Supporting statements should also clearly explain the child’s daily life in Canada, their attachment to family and community, and the likely consequences of removal.

At Elliott Immigration Corporation, we take the best interests of the child seriously and ensure this factor is presented with the care, depth and documentation it deserves. We carefully assess every aspect of a child’s circumstances, gather strong supporting evidence, and make persuasive submissions to show how their well-being would be affected by an adverse decision.