Humanitarian and Compassionate Grounds Applications, or H&C, are applications for permanent residence in Canada submitted within the country. They are for persons who have made Canada their home despite not having legal status in the country.
This means that there are still alternative options available if you or someone you know is living in Canada without valid documentation. So, you may still be eligible for an H & C to obtain permanent residency in Canada.
Humanitarian And Compassionate Grounds Eligibility
You may use this application to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:
- are a foreign national currently living in Canada;
- need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations to apply for permanent residence within Canada;
You may also this immigration pathway if you are not qualified to apply for permanent residence from within Canada under any of these criteria:
- Spouse or Common-Law Partner;
- Live-in Caregiver;
- Caregivers: caring for children or people with special medical needs;
- Protected Person and Convention Refugees; and
- Temporary Resident Permit Holder.
NOTE: Applying for Humanitarian and Compassionate Grounds consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.
Who May Not Use This Application?
You may NOT apply for Humanitarian and Compassionate Grounds consideration if you:
- are a Canadian citizen,
- a permanent resident,
- have submitted an H&C application for which a decision has not been made
- have outstanding refugee claims,
- became a designated foreign national within the last 5 years.
Please keep in mind that this is not the program for those looking for protection. Read more about becoming a refugee in Canada if you are looking for protection from persecution, danger and/or unusual treatment or unethical punishment in your home country.
Factors To Be Considered When H&C Candidate Is Evaluated
A candidate good candidate for a Humanitarian and Compassionate Grounds application can be someone who has resided in Canada for several years and has some of the factors listed above. For example, a labourer with little education but has managed to support him or herself in Canada. Factors that may allow individuals to apply for H&C status successfully include the following:
- establishment in Canada
- an inability to leave Canada that has led to the establishment
- ties to Canada
- best interests of any children affected by your application
- health considerations
- family violence considerations
- consequences of your separation from relative
- factors in your country of origin (not related to seeking protection)
- any other relevant factors you wish to have considered that are not related to seeking protection.
Best Interests Of The Child
The evaluation of your application will consider the best interests of any children who may be directly affected by the decision made on your application. Keep in mind that a child’s best interests do not always prioritize all other aspects in a case. There are numerous other factors that the decision-maker will take into account.
Regardless of whether they are citizens of Canada or not, this consideration applies to children who live both inside and outside the country. The following are some of the factors of how the humanitarian and compassionate application applies to the child or children in question:
- the child’s relationship with the applicant
- the child’s age
- the child’s degree of dependence on the applicant
- health issues or specific needs that the child may have
- impact on the child’s application
Hardship in Home Country
The risk of experiencing undue hardship if you must return to your home country is a crucial factor in H & C applications. It’s critical to look into an applicant’s background concerning the social, economic, and personal hardships they or their family might face in their home country. In Humanitarian and Compassionate cases, the applicant does not have to be persecuted, and H & C cases are not Refugee cases. Nevertheless, it may be difficult to be considered for permanent residency in Canada under the Humanitarian and Compassionate Category without demonstrating hardship.
As a result, any claim you make on your application must be supported by relevant and substantial proof. This may include additional supporting documents that illustrate your ties to Canada, hardships in your home country, a child’s best interests, or any other consideration that should be taken into account.
Where To Send My Humanitarian and Compassionate Grounds Application?
According to canada.ca, your application should be sent to the Humanitarian Migration office in Vancouver by fax at 604-666-1116, by email to: VancouverBRO@cic.gc.ca or by mail at:
- IRCC – Humanitarian Migration Vancouver
- #300 – 800 Burrard Street
- Vancouver, BC
- V6Z 0B6
Remember that you must ensure that the information included in your application is accurate and up to date at all times. If your situation changes, you must notify the government immediately. When it comes to your application, they will make a decision based on the facts and documentation included in your application.
How Can An Immigration Professional Help You With Your Application?
The process of becoming eligible for permanent residency under Humanitarian and Compassionate Considerations can be very complex and lengthy. Applications are unlikely to succeed unless the applicant can clearly demonstrate their eligibility for this program. Successful outcomes are dependent on the ability to provide a clear and convincing argument.
The processes for filing for Humanitarian and Compassionate Grounds cases are not particularly clear, and candidates who decide to submit their applications without the assistance of an immigration consultant are sometimes confronted with unnecessary difficulties.
Canadapt Consulting has been working with humanitarian and compassionate grounds applications for more than 6 years. These are circumstances in which we take a particularly active approach, ensuring that your application has the best possible chance for success! Let our skilled immigration professionals support your H&C case to provide you with the peace of mind that your matter and future are in the hands of a knowledgeable and caring professional.