H&C Application

Overview

The Humanitarian and Compassionate (H&C) application is a discretionary provision within Canada's immigration system, designed to offer a pathway to permanent residence for individuals who face exceptional circumstances. It is not an appeal process but rather a unique mechanism for individuals who do not fit into typical immigration categories but whose personal situations warrant special consideration. The core principle is to assess the hardship an applicant would face if required to leave Canada.

How it works

Immigration, Refugees and Citizenship Canada (IRCC) officers evaluate H&C applications on a case-by-case basis, considering all presented factors. There is no exhaustive list of factors, but common considerations include establishment in Canada, ties to the community, the best interests of any children involved, and the hardship that would be experienced if the applicant were to return to their country of origin. Applicants must demonstrate compelling reasons why they should be granted permanent residence despite not meeting other immigration program criteria. The process involves submitting a detailed application with supporting documentation, followed by a review by an IRCC officer who has the authority to grant an exemption from certain requirements of the Immigration and Refugee Protection Act (IRPA).

Who it's for

The H&C application is generally for individuals residing in Canada without legal status, or those who have status but are inadmissible under IRPA, yet have developed significant ties to Canada and would face undue hardship if forced to leave. It is also applicable to individuals who may be eligible for other programs but find themselves in exceptional circumstances that make an H&C application more appropriate. It is not intended for individuals who simply wish to bypass standard immigration procedures or for those who have outstanding refugee claims (unless withdrawn or ineligible). It is critical that applicants are able to articulate and provide evidence of the humanitarian and compassionate factors relevant to their unique situation.

To be eligible for an H&C application, individuals must demonstrate compelling humanitarian and compassionate grounds. There are no rigid eligibility criteria in the same way as economic or family class programs; instead, eligibility is determined by an IRCC officer's assessment of various factors. Key considerations generally include:

• Establishment in Canada: The extent to which an applicant has become settled in Canada, including employment, property ownership, community involvement, and social ties. Long periods of residence in Canada, even without status, can be a significant factor.
• Best Interests of a Child: If there are children involved who would be directly and adversely affected by the applicant's removal from Canada, their best interests are a primary consideration. This aligns with Canada's commitment to the UN Convention on the Rights of the Child.
• Hardship on Return: The degree of hardship, risk, or adverse country conditions that the applicant would face upon returning to their country of origin. This is distinct from a refugee claim and focuses on personal hardship rather than a well-founded fear of persecution.
• Ties to Canada: The strength and nature of an applicant's connections to Canada, including family members, friends, and community involvement.
• Medical Needs: Significant medical conditions for which adequate treatment is unavailable in the country of origin, or where removal would lead to a severe decline in health.
• Other Unique Circumstances: Any other exceptional circumstances that may warrant humanitarian consideration, such as victims of abuse or human trafficking.

It is crucial that applicants do not have an outstanding refugee claim with the Immigration and Refugee Board of Canada (IRB) or refugee appeal when applying for H&C grounds. Also, applicants cannot have had a negative decision on a previous H&C application within the last 12 months, unless there has been a material change in circumstances affecting the original decision.

The documentation required for an H&C application is extensive and highly individualized, as it must substantiate the unique circumstances presented by the applicant. While not an exhaustive list, commonly required documents include:

• Application Forms: Completed IRCC forms, including the

The H&C application process involves several critical steps:

1. Gathering Information and Documentation: This is arguably the most crucial step. Applicants must meticulously gather all documents that support their claim of humanitarian and compassionate grounds. This includes personal identification, birth certificates, marriage certificates, evidence of establishment in Canada (e.g., employment records, lease agreements, utility bills), proof of community involvement (e.g., letters from community organizations, volunteer records), medical reports, and detailed personal narratives (affidavits).
2. Completing Application Forms: Accurately complete all required IRCC application forms, ensuring all sections are filled out truthfully and completely. Any omissions or inaccuracies can lead to delays or refusal.
3. Writing a Detailed Submission Letter/Narrative: A comprehensive letter explaining the applicant's situation, outlining all humanitarian and compassionate factors, and detailing the hardship that would be faced if permanent residence is not granted. This narrative should be persuasive, evidence-based, and clearly address all relevant factors.
4. Paying Government Fees: Pay the applicable processing fees and the Right of Permanent Residence Fee (RPRF), if required, through the IRCC website. Include proof of payment with the application.
5. Submitting the Application: Mail the complete application package to the IRCC Case Processing Centre as per the instructions on the IRCC website. It is advisable to use a traceable mailing service.
6. Biometrics Collection: If requested by IRCC, attend a biometrics collection appointment at a designated Service Canada location to provide fingerprints and a photo.
7. Potential Interview: While not all applicants are interviewed, IRCC may request an interview to clarify information or assess credibility. Prepare to discuss all aspects of the application in detail.
8. Decision: IRCC will review the application and make a decision. If approved, applicants will receive instructions on how to finalize their permanent residence. If refused, reasons will be provided, and options for review may be available (e.g., judicial review, if applicable).

Applicants can include their spouse or common-law partner and dependent children in their Humanitarian and Compassionate application. All family members included in the application must also demonstrate that they meet the eligibility criteria and any specific humanitarian and compassionate factors relevant to their individual situation, or be intricately linked to the principal applicant's narrative. Each family member over the age of 18 must pay the applicable processing fees. The inclusion of family members is crucial for maintaining family unity, a key principle often considered within H&C assessments. Detailed information and documentation for each family member will be required, including identity documents, medical examinations, and police certificates.

Individuals who apply for permanent residence under Humanitarian and Compassionate grounds from within Canada may be eligible for an open work permit while their application is in process, under specific conditions. They must generally be awaiting a decision on their permanent residence application. This open work permit allows them to work for almost any employer in Canada without the need for a Labour Market Impact Assessment (LMIA). This provides significant benefit, allowing applicants to support themselves and their families and further establish themselves in Canadian society. However, obtaining a work permit is not guaranteed and requires a separate application after the H&C application has been submitted and acknowledged by IRCC. Work rights are typically not granted to individuals who have not yet submitted an H&C application.

The Humanitarian and Compassionate (H&C) application is a direct pathway to Canadian permanent residence for individuals who are not eligible under other immigration categories. If an H&C application is approved, the applicant and their included family members are granted permanent resident status in Canada. There is no intermediate step or temporary status as a prerequisite for this program. Once permanent residence is granted through the H&C route, individuals are subject to the same rights and responsibilities as other permanent residents, including the ability to live, work, and study anywhere in Canada, access social services, and eventually apply for Canadian citizenship after meeting residency obligations. The H&C decision is a final determination on permanent resident status.

• Lack of Sufficient Hardship: The most common reason for refusal is an officer's determination that the applicant has not adequately demonstrated individualized and unusual, undeserved, or disproportionate hardship if they were to return to their country of origin.
• Failure to Establish in Canada: Insufficient evidence of establishment in Canada or integration into Canadian society, such as stable employment, significant community ties, or long-term residence.
• Criminality or Inadmissibility: Applicants with serious criminal records or other inadmissibilities (security, health, misrepresentation) that are not sufficiently overcome by humanitarian factors may be refused.
• Outstanding Refugee Claim: An application will typically be refused or returned if the applicant has an outstanding claim for refugee protection with the Immigration and Refugee Board (IRB).
• Misrepresentation: Providing false information or withholding material facts on the application can lead to refusal and a ban from reapplying for several years.
• Insufficient Documentation: Failure to provide comprehensive and persuasive supporting documents to substantiate the claims made in the application.
• Previous H&C Refusal within 12 Months: Unless there has been a significant change in circumstances, a new application submitted within 12 months of a previous refusal will generally be refused.