Humanitarian and Compassionate Grounds (H&C) immigration
Humanitarian and Compassionate (H&C) applications provide an opportunity for individuals who do not meet the usual criteria for Canadian immigration to apply for permanent residence. This pathway is designed for exceptional cases where compelling circumstances warrant an exemption from standard immigration rules.
Who Qualifies for an H&C Application?
H&C applications are assessed on a case-by-case basis, and eligibility is determined based on specific factors. Common examples of individuals who may qualify include:
Individuals with Significant Establishment in Canada People who have lived in Canada for an extended period and have integrated into Canadian society, such as those with stable employment, community ties, or Canadian-born children.
Excluded Family Members Persons excluded from the family class due to the failure of their sponsor to declare them or have them examined, as outlined in section 117(9)(d) of the Immigration and Refugee Protection Regulations.
Individuals Facing Criminal or Medical Admissibility Issues Persons who are otherwise inadmissible due to minor criminal records or medical conditions that might disqualify them under standard immigration streams.
De Facto Family Members People who, though not legally recognized as family, play an integral role within a Canadian household.
Factors Considered in H&C Applications
Immigration officers evaluate H&C applications by weighing multiple factors, including but not limited to:
Hardship in the Country of Origin Applicants must demonstrate potential hardship if they were to return to their home country. This could involve social, economic, or cultural challenges.
Best Interests of Children The impact of the applicant’s immigration status on children, whether their own or others closely associated, is a critical consideration. Factors such as emotional, physical, and social welfare are assessed.
Economic Establishment in Canada Officers review the applicant’s ability to sustain themselves economically in Canada. Evidence might include employment history, financial assets, or educational qualifications.
Documentation Requirements
Applicants must provide credible, third-party documentation to support their claims. Examples include:
Medical reports from licensed professionals.
Employment records or letters of recommendation from employers.
Academic or journalistic reports about conditions in the applicant’s country of origin.
Proof of income and community involvement in Canada.
Limitations and Exemptions
Certain individuals are restricted from submitting H&C applications:
Those with pending refugee claims (unless withdrawn before an IRCC hearing).
Individuals who received a negative IRCC decision within the last 12 months, with exceptions for applicants facing life-threatening medical conditions or those with children under 18 who would be adversely affected by their removal.
Persons categorized as Designated Foreign Nationals, who are barred from H&C applications for five years.
Application Process
To apply, candidates must:
Complete all required forms, including IMM 0008 and IMM 5283 for those in Canada.
Submit a detailed letter explaining their unique circumstances and H&C grounds.
Provide all supporting documentation.
Pay the applicable processing fees.
The process can take 24 to 36 months, during which applicants should maintain valid status in Canada. Failure to do so may result in removal orders, even while the application is under review.
Appeals for Refused Applications
If an H&C application is denied, applicants can appeal to the Federal Court of Canada within 15 days. This process requires legal expertise, as the court will only overturn decisions in cases of clear legal error or procedural unfairness.
Key Considerations
Temporary residence applications (e.g., work permits, study permits) cannot be submitted on H&C grounds.
H&C applications do not cover risks such as persecution or cruel treatment; such cases should be pursued through refugee claims.
Approved H&C applications grant permanent residence, requiring individuals to meet residency obligations.
H&C applications demand a comprehensive understanding of immigration law and substantial evidence to justify exceptions to the rules. For applicants seeking to strengthen their case, consulting an experienced immigration lawyer can provide invaluable guidance and support throughout the process.
