Humanitarian and Compassionate (H&C) application

Canada offers a special immigration pathway for individuals who are already in the country but do not qualify for permanent residence under any existing immigration programs. This option, known as a Humanitarian and Compassionate (H&C) application, is intended for those facing serious personal hardship or exceptional circumstances that make it difficult or unsafe to return to their country of origin.

This process is meant to provide relief to individuals whose situation warrants special consideration, even if they don’t meet the usual criteria for immigration. Each application is reviewed on its own merits, with immigration officers considering a variety of factors such as the applicant’s level of integration in Canada, family connections, and how the decision would affect any children involved.

Key Factors Considered in H&C Applications

Establishment in Canada

1. • Time spent living in Canada

   • Employment, education, community involvement

Family and Social Ties in Canada

• Close relatives or dependents in Canada

• Community connections

Best Interests of the Child

• How children (in Canada or abroad) may suffer if the application is denied

Hardship in Home Country

• Lack of medical care, safety, or essential services

• Risk of severe hardship if returned

Medical Needs

• Ongoing medical treatment only available in Canada

Family Violence or Abuse

• Risk of harm due to domestic violence in home country

Separation from Family

• Emotional, psychological, and physical impact

Inability to Leave Canada

• E.g., caring for dependent family members

Other Relevant Issues

• Unique personal circumstances not related to refugee protection

**Any unique or exceptional circumstances that might merit relief.

Understanding Hardship and Risk

• Hardship: Includes economic, emotional, or medical difficulties faced upon return.

• Medical Hardship: Must prove inadequate care in home country, supported by professional assessments.

• Risk: If there's a serious danger (like persecution), it may fall under refugee or PRRA assessment. H&C applications consider risk only when refugee options aren't applicable.

Evidence of Establishment

To strengthen your application, provide evidence of:

• Long stay in Canada

• Language improvement and job experience

• Family in Canada and their support

• Minimal reliance on social assistance

• Community service and positive references

• Low contact with home country and lack of assets abroad

• Canadian-born children or children well-established in Canada

Best Interests of Children

If you have children, include support letters in your H&C (Humanitarian and Compassionate) application that explain how returning to your home country would negatively impact them. These letters can come from school counselors, teachers, family doctors, social workers, community health workers, or psychologists, and should describe any potential mental or physical harm your children may face. Immigration officers are required to consider the “best interests of the child,” meaning they will assess whether your children would be better off remaining in Canada or returning with you. This includes evaluating their ties to Canada, such as whether they were born here, have attended school here, or have ever visited your country of origin. 

Limitations and Ineligibility

You cannot apply under H&C grounds if:

• You are already a Canadian citizen or PR

• You have another H&C application in process

• You have an ongoing refugee claim

• You are a Designated Foreign National (DFN) within 5 years of designation

• You are under a 12-month bar after a rejected or withdrawn refugee claim (with exceptions for medical/life risks or children)

Important Notes

• Having a removal order doesn't stop you from applying, but it doesn’t delay your removal either.

• You can’t appeal a refusal, but judicial review by the Federal Court may be requested.

• You may only have one H&C application at a time.

• Risks like persecution or torture are evaluated under refugee or PRRA programs, not H&C.

• An H&C application doesn’t stop deportation, unless you're eligible for a PRRA.
  
  

Processing Time and Fees

Processing Time: 22 to 36 months

• • Fees: 635 (processing) + $575 (Right of PR)

  • $1210 for a spouse/partner

  • $175 per dependent child

  • Biometrics: $85/person or $170/family

*** The assessment of a Humanitarian and Compassionate (H&C) application is entirely discretionary, giving immigration officers wide latitude to evaluate each case based on its unique circumstances. Decisions are made strictly on the strength of the written evidence and details submitted by the applicant. It is the applicant’s responsibility to clearly demonstrate the specific challenges or hardships they would endure if their request is denied. As interviews are rarely part of the process, submitting detailed and well-supported documentation is essential to effectively communicate why staying in Canada is necessary.