Pathway finder
Stay on humanitarian grounds: I have children in Canada who would be affected
Routes people usually look at
1
An H&C application centred on the best interests of the child
Officers must look closely at how a decision would affect any child directly affected, including Canadian-born children.2
The child exception to the one-year bar
For families whose refugee claim was refused within the last 12 months.3
An appeal to the Immigration Appeal Division
Where a parent has a right of appeal against a removal order, which can also weigh the children’s interests.
What’s usually involved
- Identify every child directly affected, in Canada or abroad.
- Gather evidence of their schooling, health, friendships and care.
- Gather evidence of what they would face if the family were separated or moved.
- Prepare submissions that put the children’s interests at the centre.
- Respond quickly to any request from IRCC.
Documents you’ll typically need
Timing
There is no general deadline to apply, but other deadlines in your case may be short. For processing, see IRCC’s processing times page.
Common pitfalls
- Describing the children’s situation in general terms, without evidence
- Not mentioning a child who lives abroad
- Treating a Canadian-born child’s citizenship as enough on its own
- Waiting until a removal date is set
This is general information, not legal advice about your situation.
Talk it through with Manny
Bring this summary. Consultations in English, Punjabi and Hindi.