Humanitarian & Compassionate

Applicants not qualifying for permanent residence in Canada may be eligible under the Humanitarian and Compassionate (H&C) grounds. The Humanitarian & Compassionate (H&C) is not an alternative means to apply for residency but a pathway under exceptional circumstances. An applicant's eligibility to apply through the Humanitarian and Compassionate Grounds depends upon various considerations. Section 25 of the Immigration and Refugee Protection Act gives Citizenship and Immigration Canada the right to grant permanent residence to an applicant based on humanitarian and compassionate grounds. There are many grounds on which you may be eligible, such as having worked in Canada for several years or having children who go to school in Canada. Having extended family or involvement in a religious organization may also favor your case. To process the humanitarian and compassionate application, you must determine whether you are eligible.

Factors For H&C Consideration

Applications are reviewed on an individual basis. The application process takes into account several aspects, such as the individual's level of settlement in Canada and their family ties to the country.

- Children's best interests - Potential consequences for the applicant if the request is denied - Country of origin factors, such as poor conditions.
- The applicant's health considerations, including the country's inability to provide medical care.
- Considerations for family violence - Impacts of family separation - Special situations that may warrant relief

The decision-making process for Humanitarian and Compassionate (H&C) considerations is characterized by a high level of discretion, allowing officers to weigh the merits of granting exemptions from specific Immigration Act restrictions. This discretion allows officers to adjust their decisions to the specific facts provided in each application. These determinations are fundamentally evidence-based, with a strong emphasis on the material and documentation presented by the applicant. As a result, it is the applicant's responsibility to clearly define and justify the hardships they would face if the exemption(s) were denied. Given that the process normally does not include a personal interview, the applicant must prepare a complete and appealing application that highlights the reasons for their wish to remain in Canada.

Examples of evidences that couldn't be used in H&C applications

- Letters from family members indicating how difficult it would be for the applicant to leave and the strength of the bond.

- Letters from friends and the community must demonstrate the applicant's ties to the community and his/her role in society. They must also describe the applicant's roles in religious organizations, volunteer groups, and social activities.

-Letters of employment verifying the existence of employment, detailing the nature of labor, and providing proof of income

-All letters submitted must be personally written, dated, and signed by the author. They should also state the author's relationship with the applicant.

-If the applicant has children, he or she may be asked to show documentation demonstrating the children's educational experiences in Canada. Such documents could be Report cards, letters from teachers and friends at school, certificates of participation in school and after-school activities, etc. Children can also write letters explaining why they want to stay in Canada and how important it is to them.

Photos from the applicant's time in Canada with family, friends, and social groups.

Who is not eligible to fill out the H&C application?

Some factors will lead the applicant to be ineligible, such as:
- The applicant is a temporary resident in Canada.

- The applicant has already filed a refugee claim, and is pending.
Applicants who have been denied admission from the Immigration Review Board. They may only re-apply after 12 months have passed.

- Applicants who have been denied entry may only reapply before 12 months have passed, unless they have children under 18 who have been greatly affected by the removal.

- The applicant may also reapply if they have an adverse medical condition that needs immediate treatment and is absent in the home country.

- If the applicant has been designated a “foreign arrival” (i.e., the way he/she entered Canada), the designated foreign national cannot re-apply until 5 years have passed.

Applicants living overseas must:

Fill out the application form for one out of three immigration classes (family class, economic class, or refugee program) and attach reasons why they are applying for humanitarian and compassionate grounds.

If the applicant is successful in their application based on Humanitarian and compassionate grounds he/she may apply for permanent residency in Canada, which ensures:

The applicant is residing in Canada.
The applicant is not eligible for PR under the following sponsorships:
Spouse sponsorship
mon law sponsorshipCom
Live-in caregiver program
Protected person