Humanitarian and Compassionate Applications

Humanitarian and Compassionate Applications

A Humanitarian & Compassionate (H&C) Application is a special type of request to remain in Canada or obtain permanent residency, even if you don’t meet the usual immigration requirements. These applications allow individuals to request special consideration from Immigration, Refugees, and Citizenship Canada for reasons related to personal hardship. H&C applications are intended for cases where applying through other regular immigration channels is not possible or realistic due to the applicant’s specific situation.

Broadly, Humanitarian and Compassionate Applications are related to either Permanent Residency Applications or sponsorship cases.

Sponsorship applications on H&C grounds is where applicants seek special exceptions based on H&C grounds, particularly if they do not meet the typical sponsorship requirements. IRCC takes into account factors like the best interests of the family, especially when children are involved, as well as the potential negative impact on the family if the sponsorship application is refused.

There isn’t generally a strict eligibility requirement as in many other immigration categories and each application is evaluated on its own merit. IRCC considers several important factors when assessing an H&C application:

  • Applicants must demonstrate that they are well-established in Canada, with significant ties to the country such as, long-term residency in Canada and employment history.
  • The IRCC will assess the potential hardship or adverse consequences the applicant would face if they were forced to leave Canada such as, health risks, lack of medical care in the applicant’s home country, or exposure to violence, persecution, or significant hardship.
  • One of the primary considerations in H&C applications is the best interests of any children affected by the decision. If the applicant has children who are Canadian citizens or permanent residents, or if the children would be negatively impacted by the applicant’s removal from Canada, this will be given serious consideration.
  • If an applicant or their dependents have significant medical issues that would be exacerbated by leaving Canada, this may form the basis of an H&C application.
  • Risk of family separation is a critical factor in H&C applications, particularly when a member of the family is a Canadian citizen or permanent resident.

Every H&C case is unique however, most of the H&C applications require the following documentation.

  • Supporting documents that establishment of applicant’s long-term residency in Canada. Examples include proof of employment, school attendance or community involvement among other things.
  • Medical records, if the applicant or any of their dependents have significant health concerns to demonstrate the need for staying in Canada for medical reasons.
  • Supporting documents to show the applicant’s ability to financially support themselves, such as employment records, pay stubs or bank statements.
  • Letters from family members, friends, employers, or community leaders that support the applicant’s case, often attesting to their character, contributions to the community, or family ties in Canada.
  • If children are involved, school records, medical records, and letters from educators or healthcare providers can be useful to demonstrate the adverse impact on children by a forced return to the applicant’s home country.
  • Supporting documents to show the negative impact of family separation if the applicant were to be removed from Canada.

Frequently Asked Questions

Processing times for H&C applications vary but can take several months or even over a year, depending on the complexity of the case.

Success rates vary depending on the applicant’s circumstances. A well-documented and compelling case increases the likelihood of approval.

No, an H&C application does not automatically grant the right to work. You must apply separately for a work permit if eligible.

Yes, you can include your spouse or common-law partner and dependent children in your H&C application, provided they meet certain conditions.

You cannot appeal an H&C refusal, but you may request a judicial review of the decision in Federal Court.

Disclaimer

All information provided on this website is for informational purposes only and does not constitute legal advice. We are not associated with Immigration, Refugees and Citizenship Canada (IRCC) or any other government body in Canada. You can access the official IRCC website. The content offered through this website is not a substitute for the personalized advice of a licensed consultant or lawyer.

We disclaim all liability for the use or interpretation of the information on this website and accept no responsibility for any decisions made regarding your immigration application based on the content provided. Before taking or refraining from any action based on the information found here, it is crucial to seek professional advice from a qualified expert as outlined on the IRCC website. Any blogs or articles that do not link to official authorities should be treated as personal opinions or viewpoints and should not be considered authoritative.

Canadian immigration laws, eligibility criteria, and requirements are subject to frequent changes. While we strive to keep this website as accurate and up-to-date as possible, we cannot guarantee that the information provided will always reflect the most recent updates. We strongly encourage users to visit the official IRCC website for the most current and accurate information before making any decisions.

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