4. Prepare any humanitarian and compassionate reasons
Officers must consider any humanitarian and compassionate (H&C) reasons you give to let you keep your status. Get legal advice about what reasons might apply in your case, and how likely they are to succeed.
You can also make H&C arguments on an appeal. That's explained at Step 5.
You can give any reasons why you think you should not lose your permanent resident status. For example:
- how many days you missed the residency requirement by
- why you stayed outside Canada for so long, for example, you or a were sick
- whether you returned to Canada as soon as possible
- whether something stopped you from coming back to Canada sooner, for example, passport delays, or a crisis in your country
Other important reasons include:
- how settled you were in Canada before you left, for example, if you had a job, home, family, and friends here
- how established you are in Canada now, for example, if you kept connections to Canada while you were away, like a home or a job here
- if you have family in Canada
- if you or your family members in Canada would suffer hardship if you lost your permanent resident status, for example, war, poverty, discrimination, family separation, or lack of medical care
Best interests of the child
The officer must also carefully think about what is in the best interests of any child under age 18 who will be directly affected if you lose your permanent resident status.
This child could live inside or outside of Canada, and does not have to be your own.
If your child is also applying, you can also explain their perspective. For example, the connections they would lose to their school and community in Canada.
Evidence to support H&C reasons
If you want to make H&C arguments, gather to support them. Ask a lawyer or licensed representative what evidence to use and have them review anything you plan to submit.
Here are some types of evidence. Every case is different so not everything on this list may help you.
- an affidavit from you giving the facts that support your reasons
- records that show why you were away
- medical documents, if relevant
- documents showing how settled you are in Canada like:
- Canadian tax returns
- proof of employment or a business in Canada
- Canadian education records
- Bank, investment, or mortgage records showing you have property in Canada
- a lease showing you rent a property in Canada
- letters or affidavits from family or community members in Canada about the impact on them if you had to leave Canada and your ties to Canada
- news articles or human rights reports about the hardships you would face in your country
- evidence about the best interests of a child who is directly affected by the decision in your case, if applicable
An affidavit is a written statement that someone signs and swears is true in front of an authorized person like a lawyer.