Canada’s immigration system is globally admired for its fairness and compassion. Among its most humane provisions is the Humanitarian and Compassionate (H&C) Considerations program, which allows individuals to apply for permanent residency outside standard immigration pathways if they face exceptional hardship. Whether you’re fleeing abuse, fearing deportation to a dangerous country, or deeply rooted in Canadian society, H&C considerations offer hope.
In this guide, we’ll explain:
- What H&C applications entail.
- Who qualifies under humanitarian grounds.
- How to strengthen your case.
- Common pitfalls to avoid.
What Are Humanitarian and Compassionate Considerations in Canada?
Under Section 25(1) of Canada’s Immigration and Refugee Protection Act (IRPA), immigration officers can grant permanent residency to applicants who demonstrate that leaving Canada would result in unusual, undeserved, or disproportionate hardship. This discretionary provision is designed for individuals whose circumstances fall outside standard immigration programs but warrant special consideration.
Key Features of H&C Applications
- No Automatic Eligibility: Each case is assessed individually.
- Exemption from Usual Requirements: Applicants may bypass criteria like financial thresholds or medical inadmissibility.
- Focus on Hardship: Evidence must prove hardship in returning to one’s home country or staying in Canada.
Who Qualifies for H&C Considerations in Canada?
Humanitarian and Compassionate Grounds – H & C Application is highly case-specific, but common scenarios include:
1. Establishment in Canada
- Long-term residence (e.g., 5+ years) with deep community ties.
- Children enrolled in Canadian schools or dependent on Canadian social services.
Example: A parent who has lived in Canada for a decade without status but has children born in Canada.
2. Risk of Harm or Discrimination Abroad
- Persecution based on gender, sexuality, religion, or ethnicity.
- Country conditions like war, political instability, or lack of healthcare.
Example: An LGBTQ+ individual fearing persecution in a country where homosexuality is criminalized.
3. Family Separation
- Risk of separating a child from their primary caregiver.
- Dependency on Canadian family members for medical or financial support.
Example: A caregiver facing deportation whose Canadian-born child has severe medical needs.
4. Abuse or Trauma
- Victims of domestic violence or human trafficking.
- Mental health challenges exacerbated by deportation.
Example: A spouse escaping an abusive partner and lacking status to apply through family sponsorship.
How to Apply for H&C Considerations: A Step-by-Step Guide
Step 1: Assess Eligibility
Consult an immigration lawyer or Regulated Canadian Immigration Consultant (RCIC) to evaluate your case. Key questions include:
- What hardship would you face if removed from Canada?
- Is there evidence of establishment (e.g., employment, volunteer work)?
- Are there compelling reasons to remain (e.g., best interests of a child)?
Step 2: Prepare Supporting Documents
Strong H&C applications include:
- Personal Letters: Detail your hardships and contributions to Canada.
- Country Condition Reports: Proof of danger in your home country (e.g., news articles, NGO reports).
- Financial Records: Tax filings, pay stubs, or proof of community support.
- Medical Evidence: Doctor’s notes, psychiatric evaluations, or proof of unavailable treatment abroad.
- Community Support: Letters from employers, schools, or religious groups.
Step 3: Submit the Application
File forms IMM 5283 (Application to Remain in Canada) and IMM 0008 (Generic Application Form) with:
- A $1,050 CAD processing fee (adults).
- Biometrics (if required).
- Police certificates from all countries lived in for 6+ months.
Step 4: Await a Decision
Processing times average 12–24 months. Officers weigh factors like:
- Best interests of affected children.
- Risks of returning to the home country.
- Degree of establishment in Canada.
3 Tips to Strengthen Your H&C Application
1. Focus on the “Best Interests of the Child”
Canadian law prioritizes children’s well-being. Highlight:
- Educational or medical needs dependent on staying in Canada.
- Emotional trauma from relocating or separating from a parent.
2. Prove Establishment in Canada
Demonstrate integration through:
- Long-term employment or volunteer work.
- Property ownership or rental agreements.
- Membership in cultural, religious, or social groups.
3. Address Risks of Returning Home
Use objective evidence like:
- Country-specific human rights reports (e.g., from Amnesty International).
- Medical records showing unavailable treatment in your home country.
- Police reports or affidavits documenting past persecution.
Common Reasons for H&C Application Denials
- Insufficient Evidence: Vague claims without documentation.
- Criminal Inadmissibility: Serious offenses often disqualify applicants.
- Alternate Pathways Available: Officers may deny cases if other immigration routes exist (e.g., spousal sponsorship).
Frequently Asked Questions
Q1: Can I apply for H&C if I have a removal order?
Yes, but you must apply before leaving Canada. If denied, you may face deportation.
Q2: How long does an H&C application take?
Processing averages 12–24 months, though urgent cases (e.g., terminal illness) may be expedited.
Q3: Can I work while my H&C application is processing?
Only if you apply for a work permit separately.
Q4: Can I appeal a denied H&C application?
No, but you may apply for judicial review through the Federal Court or submit a new H&C application with stronger evidence.
Why Seek Professional Help?
H&C applications are complex and require meticulous documentation. Immigration lawyers or RCICs can:
- Identify the strongest angles for your case.
- Draft persuasive legal submissions.
- Navigate procedural hurdles (e.g., responding to procedural fairness letters).
Compassion at the Heart of Canadian Immigration
Canada’s Humanitarian and Compassionate Considerations program embodies the nation’s commitment to fairness and empathy. While not a guaranteed pathway, a well-prepared application can offer life-changing protection to those facing exceptional hardship. If you believe your circumstances warrant H&C relief, consult an immigration professional to explore your options.
Need Help with Your H&C Application?
Contact a certified Canadian immigration lawyer to discuss your case today.