Best interests of a child
IRCC must consider the best interests of any child under the age of 18 who could be directly affected by the decision on the application. This could include, for example:
- the applicant’s own child, no matter where the child was born or where they live, whether in Canada or elsewhere
- a child in Canada who is not the applicant’s child but with whom they have a close relationship. For example, this could be a child that the applicant looks after, such as a niece or grandchild, or a friend’s child
- a child outside Canada who is not the applicant’s child but who relies on their support in some way. For example, a niece or grandchild abroad who they support financially
Examples of what could have an impact on the best interests of a child include:
- the child’s age
- the relationship between the child and the applicant, or between the child and others
- separation between the child and any parent or close relative in Canada that is a citizen or permanent resident
- how long the child has been in Canada and the child’s ties to Canada and to the applicant’s home country
- any medical issues or needs related to a disability
- the child’s education
- conditions in the applicant’s home country that could impact the child, for example, customs that girls and women in the applicant’s home country must follow
IRCC must pay close attention to what is best for the child when it decides whether to accept an H&C application.
Some factors may have a much greater impact on a child than on an adult. So, the same facts might make an H&C application stronger if a child is affected.
It is important to explain the child’s situation and the relevant factors in detail and with supporting evidence.
If the child is 18 years or older
The situation of a child aged 18 or older can also support an applicant’s H&C application. For example, if the child depends on them in some way, or the family will be separated if their H&C application is refused.
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