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.
What an H&C application really is
An H&C application is a discretionary request for permanent residence based on exceptional personal circumstances.
It allows immigration officers to grant relief from standard immigration requirements in situations where an applicant would otherwise not qualify under any existing program.
It’s important to keep in mind that H&C applications are not a standard immigration pathway and are generally considered a last-resort option.
Each case is assessed individually, and approval is never guaranteed, even where there are genuine hardships.
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.
However, successful H&C applications depend heavily on detailed documentation and well-prepared legal submissions. It is not enough to describe hardship – applicants must provide clear, persuasive evidence to support every aspect of their case.
We recommend that you book a consultation with us today, so that we can hear your story and advise you about your options.
Who should consider an H&C application?
H&C applications are typically appropriate for individuals in Canada who do not qualify under other immigration programs but have compelling personal circumstances, such as long-term establishment in Canada, Canadian-born children, or significant hardship if required to leave the country.
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, 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 submitted an H&C application, you could be removed from Canada, but IRCC will still continue to process your application in your absence.
Because H&C applications can take significant time to process and do not automatically stop removal from Canada, timing and legal strategy are critical.
In many cases, additional steps may be required to protect an applicant’s ability to remain in Canada while the application is being considered.