Can I Include My Spouse and Children in My H&C Application?
Updated: Oct 26
The short answer: Yes, in many cases. IRCC's Guide 5291 says a spouse or common-law partner and dependent children can be included in a humanitarian and compassionate (H&C) application. Family members who live outside Canada cannot be included for concurrent processing, but they must still be declared. Who counts as a dependent child, and what counts as common-law, are set out in the guide. Including someone does not guarantee approval, and the decision is discretionary. H&C is an exceptional measure, and each person's situation is looked at on its own facts.
Who can be included?
IRCC's guide says your family members include your spouse or common-law partner and your dependent children. These family members are processed together with you when they are in Canada.
You are the principal applicant. The H&C request is built around your circumstances, and the situation of the family you include becomes part of the file. For example, a child's schooling or health may matter to the best interests of the child, which the law requires the Minister to take into account.
Who counts as a dependent child?
According to Guide 5291:
A child under 22 can be a dependent child if they do not have a spouse or common-law partner.
A child who is 22 or older counts only if they have depended on their parents for financial support since before age 22 and cannot support themselves because of a physical or mental condition.
If your child is close to the age cut-off, check the guide carefully and speak to a qualified representative. Dependants should be reviewed early, not at the last minute.
What does "common-law" mean here?
IRCC describes a common-law partner as a person living with you in a conjugal relationship, of any gender. The guide says the person must have lived with you in that relationship continuously for at least one year. The guide describes an exception for couples who have been in a conjugal relationship for at least one year but cannot live together, for example because of legal restrictions in their home country, or who were separated for reasons beyond their control, such as civil war or armed conflict. Read the full text and get advice before relying on it.
If you are married or common-law and your partner is a Canadian citizen or permanent resident, an H&C application may not be the right route at all. H&C cannot be used by someone who is eligible under the spouse or common-law partner class. See our guide to spousal and common-law sponsorship.
What about family outside Canada?
IRCC's guide says family members who live outside Canada cannot be included for concurrent processing. However, you must declare all your family members, whether they live in Canada or abroad. Leaving someone off the forms can create serious problems for your application. List every spouse, partner and child, even if they will not be part of the application, and ask a qualified representative if you are unsure who must be declared.
Family abroad can still matter to the story. The guide lists separation from relatives and ties to Canada among the factors that may be considered, and children outside Canada can be relevant to the best interests analysis. IRCC says you must give specific information and documents showing how a child inside or outside Canada would be affected.
What do family members need to provide?
Each included person generally has their own documents. Based on the guide:
Forms such as IMM 0008, IMM 5669 and IMM 5406, and the IMM 5280 document checklist. IRCC's page says the online forms are completed for you and any family members 18 or older. Use the current versions on IRCC's site.
Identity and civil documents, such as passports, birth certificates and marriage or relationship proof. If a document is not in English or French, see IRCC Guide 5291 on translations.
Police certificates (IRCC asks for one from each country other than Canada where a person aged 18 or older spent six or more months in a row) and medical exam instructions, which follow IRCC's rules for each person.
Proof of the family's life in Canada, such as school records, work history and community ties.
IRCC says an incomplete application may be returned. You must also report changes during processing, such as a change in marital status or a new child.
Does including family change the fees?
IRCC's fee list shows separate fees for a spouse or partner and for each dependent child. Check the IRCC fee list for current amounts, and see our guide to H&C forms and fees.
Common mistakes
Assuming family abroad can be added to the file. They cannot be included, but they must be declared.
Not checking whether an adult child still meets the dependency rule.
Using H&C when a spouse or common-law sponsorship route may be open.
Leaving out a child or former partner on the forms.
Sending no evidence about how each family member is established in Canada.
Frequently asked questions
Can my child who is a teenager be included?
A child under 22 with no spouse or common-law partner fits the dependent child definition in the guide. Evidence about the child's life in Canada can also support the best interests analysis.
Does applying stop removal?
No. IRCC's guide says applying does not stop removal. Speak to a qualified representative about your own timing.
Next steps
If you are not sure who can be included in your H&C application, or whether H&C is the right pathway for your family, get advice before you file. Every H&C situation is different. E-Pathway Immigration can help you assess whether H&C considerations may be relevant, identify the evidence and questions that need attention, and understand your options. A decision remains with IRCC.
Related guides: H&C complete guide · Best interests of the child in H&C · Excluded family members · H&C service page · H&C guide index
Last reviewed: October 2026
This article provides general information only and is not legal advice. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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