Humanitarian and Compassionate(H&C)

Navigating Canada’s immigration system can be challenging, especially for individuals in unique or difficult situations. If you face specific obstacles that prevent you from immigrating through standard channels, a Humanitarian and Compassionate (H&C) application may be your pathway to permanent residence in Canada. Designed for exceptional circumstances, H&C applications allow individuals to remain in Canada or obtain permanent residency based on compassionate grounds. 

Factors Considered in H&C Applications 

Immigration, Refugees, and Citizenship Canada (IRCC) evaluates several factors when assessing an H&C application to determine if the applicant’s situation justifies an exemption from standard immigration requirements. Key considerations include: 

Hardship in Returning to Home Country: 

• Evidence of significant hardship if you were to return to your home country, such as health risks, safety concerns, or human rights violations. 

• Examples include war, discrimination, political instability, or lack of access to healthcare. 

Establishment in Canada: 

• The extent to which you have integrated into Canadian society, including employment, education, volunteer work, and social ties. 

• Demonstrating self-sufficiency and community involvement can strengthen your case. 

Best Interests of the Child: 

• The well-being of children directly affected by the decision is a top priority. IRCC assesses the impact on their education, emotional health, and overall quality of life. 

• Examples include children attending Canadian schools, receiving medical care unavailable elsewhere, or thriving in their current environment. 

Physical and Mental Health: 

• Medical or mental health conditions that would worsen if you returned to your home country. 

• Professional evaluations, medical reports, and testimonies are crucial to support these claims. 

Family Ties in Canada: 

• Strong family connections in Canada can significantly support an H&C application. Evidence showing that separation would cause undue hardship is important. 

Reasons to Apply Under H&C Considerations 

H&C applications are intended for individuals with exceptional circumstances who cannot meet the requirements of other immigration programs. Common reasons include: 

Refused Refugee Claims: 
Individuals whose refugee claims have been denied may still apply for H&C permanent residence if returning to their home country would pose significant risks. 

Fear of Persecution: 
Those facing discrimination or persecution in their home country based on race, religion, gender, or political beliefs. 

Medical Needs: 
Situations where the applicant’s home country cannot provide necessary medical care. 

Financial Hardship: 
Extreme poverty or lack of access to basic necessities like food, housing, and education may justify an H&C application. 

Family Reunification: 
Individuals separated from family in Canada due to immigration barriers may apply under H&C to avoid further emotional distress. 

Who Cannot Apply for H&C? 

While the H&C program offers flexibility, certain restrictions apply. You cannot apply under H&C considerations if: 

• Your refugee claim is still being processed by the Immigration and Refugee Board (IRB). 

• Your appeal is under review by the Refugee Appeal Division. 

• You have received a negative decision on an H&C application within the last 12 months (with rare exceptions). 

Additionally, individuals deemed a security risk or with serious criminal records may not be eligible.