Officers examine a person’s reasons for coming to Canada, the original basis of their temporary or refugee status (if any), and the reasons why they overstayed or became undocumented. The consider whether the applicant made genuine efforts to comply with the law and whether any part of their situation was beyond their control—such as legal advice delays, illness, mental health issues, family issues or vulnerability.

For many undocumented migrants, life is full of uncertainty while they work under the table, supporting their families, contributing to their communities, and living quietly without drawing attention to themselves. The length of time in Canada and the quality of their connections—including family ties, employment, volunteerism, education, language proficiency, and community involvement—are important elements of the discretionary assessment.

Those who have Canadian-born children or children who have grown up in Canada can also request consideration under the principle of the best interests of the child. Officers must evaluate the emotional, psychological, educational, and physical impact that forced removal of the child, a parent or the family unit would have on any child affected by the decision.

A successful H&C application doesn’t just tell a story—it provides evidence. At Elliott Immigration Corporation, we conduct a thorough and detailed analysis of each client’s immigration history and personal circumstances. We carefully present every relevant factor, backed by supporting documentation such as letters of support, employment records, school transcripts, medical reports, community references, and much more. We craft very detailed legal arguments to guide the officer in their decision-making process.

For undocumented migrants, an H&C application can be a meaningful path to stability. While the process is complex and highly discretionary, it is also one of the few options available to those who have built their lives here despite difficult circumstances. If you or someone you know is living in Canada without status, contact Elliott Immigration Corporation to find out whether a humanitarian and compassionate application could offer a permanent solution.