Single Parent With Children Raised in Canada: H&C Considerations
Updated: Oct 26
The short answer: If you are a single parent and your children have grown up in Canada, an H&C request under section 25(1) of IRPA lets IRCC consider your family's circumstances. The law requires the Minister to take into account the best interests of a child directly affected. IRCC's guide says those interests do not outweigh all other factors, and that you must give specific information and supporting documents. Being a single parent does not make an application stronger or weaker by itself. H&C is an exceptional measure, the decision is discretionary, and no outcome is guaranteed.
This article is part of our humanitarian and compassionate (H&C) application guide.
What does IRCC look at for children?
IRCC's Guide 5291 lists, for a child, factors such as age, establishment in Canada, country conditions, medical needs, education and gender. The child must be "directly affected" by the decision. For a single parent, the child's day-to-day reliance on you is often at the center, but an officer will also look at the whole picture, including your own establishment.
In Kanthasamy v. Canada, 2015 SCC 61, the Supreme Court of Canada considered how section 25(1) should be applied. A summary published by Osgoode Hall Law School notes that the majority read "unusual and undeserved or disproportionate hardship" in a descriptive sense, not as separate thresholds, and found that the officer had failed to make a decision in the best interest of the child. That does not predict the result of any other case. See best interests of the child in H&C.
What evidence can help?
Children's documents:
Birth certificates and passports or other identity documents, with any translations required.
School records, report cards and letters from teachers. See school records and IEP evidence for how to request them.
Medical, therapy or counselling records if relevant.
Evidence of activities, friendships, language and community involvement.
Family structure:
Any court order, separation agreement or guardianship document relating to the children, if one exists.
Information about the other parent: where they live, their status, and their role in the children's lives. IRCC's guide does not address custody orders, so ask a representative what to include.
Documents showing who looks after the children day to day.
Your establishment:
Employment, tax and income records, housing, community involvement and letters of support. See establishment in Canada and H&C letters of support.
What about the support network?
For single-parent households, an officer may want to understand who supports the family: relatives, friends, a faith community, neighbours, childcare providers. Letters from people who see the family regularly can describe this in specific terms. Be accurate about relatives abroad, since IRCC requires family members outside Canada to be declared. See family ties and separation.
What about the children's country of origin?
If your children have never lived in your country of origin, or lived there only briefly, an officer may consider that. Describe specifically their language, schooling and connections there. General statements carry little weight. See hardship and country conditions.
Who can be included?
IRCC's guide says family members in Canada, such as a spouse or common-law partner and dependent children, can be included in the application. Dependent children are generally under 22 and unmarried or not in a common-law relationship, with a limited exception for older children who have been dependent because of a physical or mental condition. Family outside Canada cannot be included but must be declared. See including family members.
What are the limits?
Not automatic. IRCC says a child's best interests are weighed but "do not outweigh all other factors."
Not a shortcut. A parent's own status problems, admissibility issues or past history still matter. See H&C and criminal inadmissibility.
Status and removal. IRCC says applying does not stop removal. If you have a removal date, speak to a lawyer or qualified representative right away.
Timing. IRCC's guide gives no processing times. Use IRCC's processing times tool.
Frequently asked questions
Does being a single parent improve my chances?
We cannot say that. IRCC does not describe single parenthood as a factor by itself. What matters is the evidence about your children's circumstances and your own.
Do I need the other parent's consent?
IRCC's guide does not address this. Custody and consent questions can depend on the facts and on provincial family law, so raise them early with a representative.
Can I include children who are not in Canada?
IRCC's guide says family outside Canada cannot be included, but must be declared.
Next steps
If you are raising children in Canada on your own, gather the children's records and your own establishment documents together, and note any gaps. 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: Best interests of the child · Establishment in Canada · Including family members · H&C documents checklist · H&C approval rate and chances · H&C guide index
Last reviewed: October 2026
Sources: IRPA s. 25 · IRCC: Humanitarian and compassionate considerations · IRCC Guide 5291 · Osgoode Hall: summary of Kanthasamy v. Canada · IRCC processing times
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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