If your refugee status is ceased by the RPD, having Canadian-born children does not stop your removal. However, you can file a Humanitarian and Compassionate (H&C) application, where the Best Interests of the Child (BIOC) is a massive factor that can persuade IRCC to let you remain in Canada.
Cessation of refugee status is one of the most aggressive enforcement actions taken by the Canada Border Services Agency (CBSA). It usually happens when a protected person travels back to their home country using their old passport. If the government successfully argues that you “re-availed” yourself of your home country’s protection, the Refugee Protection Division (RPD) will cease your status, resulting in the immediate loss of your Permanent Residency and an active deportation order.
For many families settled in cities like Calgary, Winnipeg, or Ottawa, this creates a heartbreaking dilemma. 💔 Often, individuals have lived in Canada for years and have given birth to children here. These children are Canadian citizens by birth and cannot be deported. The prospect of splitting a family or forcing a Canadian child to move to a dangerous foreign country brings a specific legal principle into play: the Best Interests of the Child (BIOC). This principle is the cornerstone of fighting for your life in Canada after cessation.
Step-by-Step Process: Using BIOC in an H&C Application in Canada
Because cessation automatically strips your status, your primary legal avenue to stay with your Canadian children is filing an application for Permanent Residence on Humanitarian and Compassionate (H&C) grounds. Here is how an immigration law firm approaches this critical process.
Step 1: The Cessation Decision and Removal Order
Once the RPD formally ceases your status, you become a foreign national without legal standing. 🚨 The CBSA will issue a removal order. Unlike other immigration processes, having a Canadian child will not prevent the CBSA from executing this order. You must act immediately to establish a new legal pathway.
Step 2: Filing the H&C Application
Your lawyer will prepare an extensive Humanitarian and Compassionate application under Section 25 of the Immigration and Refugee Protection Act (IRPA). This application asks IRCC to make an exception to the standard immigration rules due to the extreme hardship you would face if removed, heavily focusing on the impact your removal would have on your Canadian children.
Step 3: Documenting the Best Interests of the Child (BIOC)
This is the most crucial step. You must prove with evidence that removing you from Canada would severely harm your child. 📝 The Supreme Court of Canada requires officers to be “alert, alive, and sensitive” to children’s interests. Your lawyer will gather school report cards, letters from pediatricians, statements from teachers, and psychological assessments showing how deeply the child is integrated into Canadian society.
Step 4: Requesting a Stay of Removal
Because an H&C application does not automatically pause your deportation, the CBSA might still try to remove you. If you are called in for a removal interview, your lawyer must apply for a Deferral of Removal. If CBSA refuses, your lawyer must rush to the Federal Court to file an urgent “Stay of Removal,” arguing that deporting you while the H&C is pending would cause irreparable harm to your Canadian child.
How Much Does an H&C Application Cost in Canada?
Applying for H&C relief requires significant documentation and professional legal assistance to properly argue the BIOC framework. 💰 Here are the typical costs associated with this process.
| Type of Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| IRCC Processing Fee (Adult) | $570 | The standard government fee for an H&C application per adult applicant. |
| IRCC Processing Fee (Child) | $175 | The fee for any dependent children born outside of Canada included in the application. |
| Immigration Law Firm Fees | $4,000 – $8,000+ | Legal fees to draft the complex BIOC arguments, gather evidence, and secure psychological reports. |
Keep in mind that hiring independent child psychologists or social workers to write reports for your BIOC argument can cost an additional $1,500 to $3,000.
How Long Does the Process Take?
Waiting for an H&C decision is highly stressful because it is a lengthy process. ⏱️ As of May 2026, standard processing times for Humanitarian and Compassionate applications inside Canada can range from 16 to 24 months.
During this waiting period, if you do not have a Stay of Removal, you remain at risk of deportation. However, once IRCC grants “Stage 1” approval of your H&C application (meaning they accept the humanitarian grounds), any active removal orders are generally paused, allowing you to breathe a sigh of relief while the final PR paperwork is processed.
Frequently Asked Questions (FAQ)
Can my Canadian-born child sponsor me to stay?
No. Under Canadian law, a child must be at least 18 years old and meet specific financial income requirements to sponsor a parent. A minor child cannot file a sponsorship application to stop your deportation.
Will the Canadian government deport my citizen child?
Legally, Canada cannot deport its own citizens. However, if the parents are deported, they usually have to take their minor children with them. This is known in immigration law as “constructive deportation” of the child.
Does having an H&C pending stop the CBSA from deporting me?
No. Simply filing an H&C application provides no statutory stay of removal. You can still be deported while the application is sitting in the queue unless your lawyer successfully files for a legal Stay of Removal at the Federal Court.
What happens if the H&C application is refused?
If the H&C application is refused, your lawyer can file an Application for Leave and for Judicial Review at the Federal Court to argue that the IRCC officer failed to properly consider the Best Interests of the Child in their decision.
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