Humanitarian & Compassionate (H&C) Applications

If you don’t qualify to apply for permanent residence through the traditional streams, you may be eligible to submit a permanent residence application on humanitarian & compassionate (H&C) grounds.

Factors of an H&C application

Some of the factors that can strengthen an H&C application are:
  • Ties to Canada;
  • Best interests of any children affected by the application;
  • Factors in the country of origin, including adverse country conditions;
  • Health conditions and the inability of the applicant’s country to provide medical treatment;
  • Family violence;
  • Separation of family members; and
  • Any unique or exceptional circumstances that might merit relief.
You don’t have to meet all factors, and the last factor is quite broad, so you might just qualify to submit an H&C application. We recommend that you Book a consultation with us today with us today, so that we can hear your story and advise you about your options.

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Submitting an H&C application from outside Canada

While it’s best to submit an H&C application from inside Canada, so that you can show that you have ties to Canada and that you’re established here, Immigration, Refugees and Citizenship Canada (IRCC) will still accept H&C applications submitted from outside Canada.

Bars to submitting an H&C application

A few classes of persons are barred from submitting an H&C application:
  1. If you received a negative decision from the Refugee Protection Division or the Refugee Appeal Division, or you withdrew your refugee claim, you can’t submit an H&C application for 12 months from the date you received the decision; and
  2. Designated foreign national refugee claimants can’t submit an H&C application for 5 years from the day they received the designation.
However, with respect to the first bar, it doesn’t apply to claimants who have children under 18 who would be negatively impacted by the claimant’s removal from Canada. We know that this sounds complicated, and it’s a lot to take in, so we recommend that you Book a consultation with us today with us today, so that we can hear your story and better advise you about your options.

An H&C application doesn’t stop removal proceedings

An H&C permanent residence application doesn’t stop removal proceedings. This means that if you’re in Canada without status and you submitted an H&C application, you could be removed from Canada, but IRCC will still continue to process your application in your absence.

FAQ

Popular Questions

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