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Humanitarian and Compassionate (H&C) Considerations

Permanent residence on humanitarian and compassionate (H&C) grounds allows certain individuals who do not qualify under other immigration programs to request an exemption from specific requirements of the Immigration and Refugee Protection Act (IRPA). Applications are assessed by Immigration, Refugees and Citizenship Canada (IRCC) based on the totality of the circumstances and the evidence provided.

Every application is unique, and navigating the process can be complex. Outcomes depend on individual circumstances, the evidence provided, and applicable Canadian immigration and refugee law. We guide clients through each stage of the H&C application process, offering experienced legal advice and helping them present their circumstances clearly and in compliance with Canadian immigration law.

Official resources:

Learn about how to apply for permanent residence on humanitarian and compassionate grounds in Canada, including eligibility requirements and application procedures. Visit the IRCC guide on Humanitarian and Compassionate Considerations.

Learn about the required forms, supporting documents, and fees for H&C applications. Visit the IRCC application package for Humanitarian and Compassionate Considerations.

What are Humanitarian and Compassionate Considerations?

Humanitarian and Compassionate (H&C) considerations allow individuals who require an exemption from one or more requirements of the IRPA or are not eligible for permanent residence through other pathways to apply for permanent residence from within Canada.

Applying for permanent residence based on H&C considerations asks IRCC to exercise its discretion after assessing the totality of the circumstances and the evidence provided. Legal
guidance may help organize the materials, complete required forms, and verify compliance with IRCC procedures.

Who Can Apply for Humanitarian and Compassionate Considerations?

You may be eligible to apply for permanent residence on H&C grounds if:

  1. You are physically present in Canada
  2. You do not qualify under other permanent residence pathways
  3. Returning to your country of origin would cause unusual, undeserved, or disproportionate hardship
  4. You have established meaningful ties to Canada
  5. Your situation involves compelling humanitarian factors

H&C applications must be submitted from within Canada in most cases and cannot be filed from abroad.

Factors Considered by Immigration OfficersExpress Entry Programs

Immigration officers assess the totality of circumstances, taking into account such factors as:

1. Establishment in Canada

  1. Length of time spent in Canada
  2. Employment history
  3. Education or professional training
  4. Community involvement
  5. Financial independence
  6. Social and family integration

2. Best Interests of a Child (BIOC)

This factor is given significant weight.

Considerations may include:

  1. Canadian or non-Canadian children affected by the decision
  2. Emotional, educational, and psychological impact on the child
  3. Stability and well-being of the child

3. Hardship if Returned to Country of Origin

Officers evaluate whether returning to the country of origin would cause hardship beyond what is normally expected.

Relevant factors may include:

  1. Lack of access to medical care
  2. Political instability or insecurity
  3. Discrimination or marginalization
  4. Lack of family support
  5. Economic hardship beyond normal inconvenience

4. Family Ties in Canada

  1. Canadian or permanent resident spouse or partner
  2. Children, parents, or siblings in Canada
  3. Dependence relationships

What H&C Applications Cannot Be Used For

An H&C application cannot be used to:

  1. Bypass regular immigration programs without compelling humanitarian reasons
  2. Avoid enforcement measures without a valid humanitarian justification
  3. Apply from outside Canada
  4. Automatically overcome criminal inadmissibility (some exceptions may apply)

Each case requires a careful legal assessment based on specific facts and applicable immigration law.

Commonly Required Documents

While documents vary by case, H&C applications typically include:

Identity & Status Documents

  1. Passport and travel documents
  2. Proof of current status in Canada (if applicable)
  3. Immigration documents and previous decisions

Proof of Establishment in Canada

  1. Employment letters and pay stubs
  2. Tax documents (NOA, T4s)
  3. Lease agreements or mortgage documents
  4. School records
  5. Community involvement letters

Family & Personal Evidence

  1. Marriage certificates
  2. Birth certificates of children
  3. Proof of family relationships in Canada
  4. Affidavits or personal statements

Best Interests of the Child Evidence (if applicable)

  1. School letters
  2. Medical or psychological reports
  3. Statements from teachers or caregivers

Country Conditions & Hardship Evidence

  1. Medical reports
  2. Country condition reports
  3. Expert opinions (where applicable)ligibility

Legal Submissions

  1. Detailed personal narrative
  2. Written legal arguments supporting humanitarian factors

Processing Time

H&C applications generally take an extended period to process, depending on the complexity of the case.

Applicants may be eligible to apply for a work permit while the application is under review.

How Legal Assistance May Assist Your Claim

H&C applications are highly discretionary, and involve careful documentation, complex legal criteria, and the assessment of humanitarian and compassionate factors.

Legal guidance may assist in:

  1. Assessing eligibility and the strength of humanitarian and compassionate factors
  2. Preparing application forms, personal narratives, and supporting documentation
  3. Identifying potential risks or gaps that may affect the application
  4. Explaining IRCC procedures, timelines, and next steps
  5. Providing ongoing guidance and support throughout the process

Schedule a Consultation

If you are considering applying for permanent residence on humanitarian and compassionate grounds or have questions about an existing H&C application, a consultation can help clarify your options.

During a consultation at our office, our lawyer will review your circumstances, explain relevant eligibility and procedural considerations, and discuss potential next steps for your H&C application.

Schedule an In-Person Consultation

Frequently Asked Questions

Can I include my family members in my H&C application?

Certain family members, such as a spouse or dependent children, may be included. Including family can be complex, so legal guidance is often helpful to ensure proper documentation and eligibility.

Can I work while my H&C application is being processed?

In some cases, applicants may be eligible to apply for a work permit while the H&C application is under review. Eligibility depends on your current status in Canada and IRCC’s assessment.

How long does the H&C process usually take?

Processing times vary depending on the complexity of the case, IRCC workload, and the nature of humanitarian factors involved. Some cases take longer than others, and times can change without notice. For up-to-date information, visit IRCC processing times.

What happens if IRCC requests additional information or documents?

IRCC may ask for clarification or additional supporting evidence. Responding promptly and thoroughly is important, as delays or incomplete responses can affect processing.

How should I document hardship for my H&C application?

Evidence of hardship can include medical records, psychological reports, letters from employers or community organizations, financial documents, and personal statements. Legal guidance can help identify the most relevant evidence and organize it clearly for IRCC review.

What are common reasons H&C applications are refused?

Yes. Applicants can provide IRCC with updated information or additional evidence if their situation changes during processing. Promptly notifying IRCC of significant changes can be important, and legal guidance may help determine how to present updates effectively.

What can I do if my H&C application is refused?

If refused, options may include requesting reconsideration, addressing deficiencies in a new application, or exploring alternative pathways to permanent residence. Each case depends on individual circumstances and IRCC’s assessment.