Humanitarian and Compassionate

The Humanitarian and Compassionate (H&C) application is a special immigration pathway that allows individuals to apply for permanent residency in Canada under exceptional circumstances. It is intended for those who cannot meet standard immigration requirements but face significant hardship or have compelling reasons to remain in Canada.

Who Can Apply?

Individuals who have established significant ties to Canada, face severe hardship if removed from the country, or have other compelling personal circumstances may apply for permanent residency on humanitarian and compassionate grounds. This pathway is typically for those already living in Canada without a valid status or whose situation makes it impossible to apply through other immigration streams.

Key Factors Considered

When assessing H&C applications, Immigration, Refugees, and Citizenship Canada (IRCC) considers various factors, including:

• Best Interests of Children: The impact of the decision on any children involved, particularly Canadian-born children, is a significant consideration.
• Establishment in Canada: Applicants who have strong ties to Canada, such as family, community involvement, or employment, may have a better chance of success.
• Hardship: The level of hardship applicants would face if required to leave Canada, including the conditions in their home country and personal circumstances.

Limitations of H&C Applications

The H&C application process has specific limitations. It cannot be used to apply for refugee protection, and individuals with an active refugee claim cannot apply under H&C grounds while the claim is being processed. Additionally, applicants must demonstrate exceptional circumstances that justify an exemption from standard immigration rules.

How to Apply

To apply for permanent residency under the H&C category, applicants must submit a detailed application to IRCC, including evidence of their circumstances and supporting documents, such as letters of support from family, employers, or community members. The application must clearly outline the humanitarian and compassionate grounds that warrant special consideration.

Processing Times and Outcomes

H&C applications can take several months to process, and decisions are made on a case-by-case basis. Due to the complexity of these cases, it is recommended to submit a well-prepared application with thorough documentation. While success is not guaranteed, a compelling application that demonstrates genuine hardship and significant ties to Canada stands a better chance of approval.