Humanitarian and Compassionate (H&C) Applications
What is a H&C application?
People who are not eligible to become permanent residents of Canada and do not qualify to apply to remain in Canada under any other immigration categories may be able to request to remain in Canada permanently on humanitarian and compassionate grounds. Humanitarian and compassionate grounds apply to people with exceptional cases.
How are H&C applications assessed?
These applications are considered on a case-by-case basis. Officers consider the following factors in assessing a H&C:
how established you are in Canada,
the best interests of any children involved, and
the hardship you would experience if the request is not granted. It must be noted that a H&C officer will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
What are the eligibility requirements to apply for a H&C?
The following restrictions apply:
You may only ask for H&C grounds if you are applying for permanent resident status inside Canada, or for a permanent resident visa abroad
You cannot have more than one H&C application at the same time.
You cannot apply for H&C grounds if you have a pending refugee claim
You cannot apply for H&C grounds if you had a negative decision from the Immigration and Refugee Board within the last 12 months. This includes abandoned or withdrawn claims. This bar does not apply if:
you have children under 18 who would be adversely affected if you were removed from Canada, or
you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.
If you came to Canada as an irregular arrival and have been advised in writing by the Minister of Public Safety that you are a “designated foreign national,” you cannot apply for H&C grounds until 5 years have passed since:
the day you became a designated foreign national and/or o the Immigration and Refugee Board made a final negative decision on your refugee claim and/or
you got a negative decision on a Pre-Removal Risk Assessment.
What documents should I include with my H&C application?
It is your responsibility to enclose everything you want the Officer to consider in your H&C application. This includes written submissions, country condition evidence, and documentation supporting your establishment in Canada and the hardship you and your children would experience in a return scenario. Supporting documents can be in the form of articles, personal letters, references, pictures, and objective records.
Can I be removed from Canada if I have a H&C application in process?
If a removal order has been issued against you and it is in force, a H&C application will not prevent you from being removed, unless you are waiting for a Pre-Removal Risk Assessment (PRRA) determination.
What happens if my H&C application is refused?
If your H&C application is unsuccessful, you can apply to the Federal Court of Canada to have the decision reviewed. If the Court determines the decision was incorrect or unreasonable, it will be sent back for reconsideration by another H&C officer. You can also file a new H&C if you are able to put forward new evidence and address the shortcomings which led to the initial refusal.