Humanitarian and Compassionate

The Ultimate Guide to Humanitarian and Compassionate Applications: Making Canada Your Home

If you’re facing extraordinary circumstances and traditional immigration pathways aren’t an option, Canada’s Humanitarian and Compassionate (H&C) application might be your lifeline. This process is designed for individuals in Canada who have compelling reasons to stay and can’t leave due to exceptional hardships.

Humanitarian and Compassionate (H&C) applications offer a lifeline for individuals facing unique circumstances that make them inadmissible or ineligible under other immigration streams. This process allows Immigration, Refugees, and Citizenship Canada (IRCC) to consider applicants’ compelling personal circumstances, extending an opportunity for permanent residence based on compassionate grounds. Below is a detailed breakdown of each component of an H&C application, explained in paragraphs to provide an in-depth understanding.

Let’s break it all down into simple steps, rich details, and actionable insights. Whether you’re worried about removal or building a better life for your family, this guide will empower you to take the next step.

What is a Humanitarian and Compassionate Application?

H&C applications are distinct from other immigration programs in that they focus on the applicant’s unique and often dire personal circumstances rather than traditional qualifications like work experience, language ability, or educational credentials. The cornerstone of these applications is demonstrating that the applicant’s hardship—should they be forced to leave Canada—outweighs their inadmissibility or ineligibility. IRCC considers factors such as family ties in Canada, the best interests of any children involved, and the potential hardships faced in the applicant’s home country. This makes Humanitarian and Compassionate (H&C) applications a deeply personal and sensitive process, where every detail can significantly impact the outcome.

The Humanitarian and Compassionate (H&C) application is for people who:

1. Do not meet the eligibility criteria for other immigration streams.
2. Face significant hardship if forced to leave Canada.
3. Have built a strong connection to Canada over time.

The goal of this program is to prioritize humanity over rigid policies, offering relief to individuals whose unique situations deserve special attention.

Who Qualifies for an H&C Application?

Humanitarian and Compassionate (H&C) applications are assessed on a case-by-case basis, and there are no guarantees of approval. However, successful applicants generally fall into these categories:

1.Exceptional Circumstances

Your situation must be compelling. Examples include:

• Risk of persecution or violence in your home country.
• Lack of access to necessary medical care abroad.
• Extreme financial instability in your country of origin.

Example: Maria fled her home country due to domestic abuse. She fears for her life if she returns. In Canada, Maria found safety and a job, but her visa expired. Through an H&C application, Maria can demonstrate her hardship and the life she has built in Canada.

Eligibility for H&C Applications

Anyone in Canada who is not eligible to apply under other immigration streams may consider an Humanitarian and Compassionate (H&C) application. However, this pathway is particularly reserved for individuals with compelling circumstances that justify why they should be granted permanent residence despite barriers like inadmissibility or lack of legal status. Applicants must provide robust evidence of their hardship and demonstrate that their situation is unique and deserving of special consideration. For instance, a person fleeing persecution in their home country who cannot qualify for refugee status due to technical reasons might be an ideal candidate for an Humanitarian and Compassionate (H&C) application

Grounds for an Humanitarian and Compassionate (H&C) Application

Grounds for an Humanitarian and Compassionate (H&C) application are as varied as the individuals applying. These could include prolonged residency in Canada, significant family ties, or a demonstrable risk of harm in the applicant’s home country. Applicants often emphasize their integration into Canadian society, including employment history, community involvement, and the establishment of a stable life. For families, the focus often shifts to the best interests of children, ensuring that minors are not subjected to undue hardships such as loss of education, healthcare, or familial support. Each ground must be supported by detailed narratives and comprehensive documentation.

2.Best Interests of Children

If children are involved, IRCC places significant weight on their well-being. You must demonstrate how your departure will negatively affect them.

In cases involving children, the “Best Interests of the Child” principle becomes a pivotal factor. IRCC prioritizes the welfare of children in its decision-making process, considering how the child’s education, emotional well-being, and family stability would be affected by the outcome of the application. Applicants must provide evidence like school records, medical reports, and letters from teachers or counselors to demonstrate that the child’s best interests align with the applicant’s stay in Canada. This consideration often serves as a compelling reason for IRCC to approve Humanitarian and Compassionate (H&C) applications.

Key Factors:

• Schooling and education opportunities in Canada.
• Emotional impact of separating children from their community.
• Health care access for children with special needs.

Example: Amandeep has two children enrolled in school in Canada. Both children excel academically and have access to vital health care. Leaving Canada would disrupt their education and put their health at risk.

3.Established Ties to Canada

This focuses on the length of time you’ve lived in Canada and the connections you’ve built. Examples include:

• Work history and community involvement.
• Volunteer roles or charitable contributions.
• Family and social networks in Canada.

Example: Omar has lived in Canada for eight years, working in construction. He coaches a local soccer team and has built meaningful friendships. Deportation would sever these ties and leave him without a support network.

4.Proving Hardship

The crux of any Humanitarian and Compassionate (H&C) application lies in proving hardship. Applicants must show that being removed from Canada would subject them to exceptional difficulties that go beyond the usual challenges of relocation. Hardship could include threats to safety, lack of access to medical care, or the inability to sustain basic needs in the home country. Applicants are encouraged to provide specific examples and supporting documentation, such as reports from international human rights organizations, personal affidavits, and statements from family or community members attesting to the challenges they would face.

Detailed Examples of Hardships and How to Prove Them in an Humanitarian and Compassionate Application

Humanitarian and Compassionate (H&C) applications hinge on proving exceptional hardship. IRCC evaluates the personal and unique circumstances of each case to determine if the applicant deserves compassion. Below are various types of hardships, examples, and the documentation required to build a compelling case.

1.Hardship Due to Family Separation

Family separation is a compelling reason for Humanitarian and Compassionate (H&C) consideration. Applicants can argue that being away from their family causes emotional, financial, and psychological harm, particularly when children are involved.

Example:

• A mother in Canada is separated from her young child, who remains in her home country under precarious care arrangements. The child faces neglect or instability, making reunification essential.

How to Prove:

• Documents Needed:
  • Birth certificates to prove the parent-child relationship.
  • Affidavits from family members or caregivers detailing the child’s living conditions.
  • Psychological reports showing the emotional toll of separation on the parent and child.
  • School or medical records highlighting the child’s needs and dependence on the parent.

2.Hardship Due to Medical Conditions

A lack of access to necessary medical care in the applicant’s home country can form the basis of an Humanitarian and Compassionate (H&C) application. This often applies to life-threatening illnesses or chronic conditions requiring specialized treatment available only in Canada.

Example:

• A diabetic applicant requires advanced insulin management, which is unavailable in their home country. Returning would jeopardize their health.

How to Prove:

• Documents Needed:
  • Medical records detailing the diagnosis and treatment plan.
  • A letter from a Canadian doctor confirming the unavailability of treatment in the applicant’s home country.
  • Research or expert reports on healthcare standards in the applicant’s country.
  • Receipts or invoices for treatment in Canada to show ongoing medical needs.

3.Hardship Due to Risks in the Home Country

Risk factors such as violence, discrimination, or political instability can justify Humanitarian and Compassionate (H&C) approval. IRCC assesses whether returning to the applicant’s home country would expose them to harm or undue hardship.

Example:

• An LGBTQ+ applicant faces severe persecution in their home country, where same-sex relationships are criminalized, and societal stigma is rampant.

How to Prove:

• Documents Needed:
  • Country condition reports from reputable organizations like Human Rights Watch or Amnesty International.
  • Police reports documenting threats or incidents of harm.
  • Affidavits from witnesses who can verify the risks faced by the applicant.
  • Media articles highlighting violence or discrimination in the applicant’s country.

4.Hardship Due to Best Interests of Children (BIOC)

When children are involved, IRCC places significant weight on their well-being. The hardship experienced by children, including educational disruption, emotional instability, or loss of essential care, is a strong factor.

Example:

• A child in Canada requires special education support, which is unavailable in the parent’s home country. Deportation would deprive the child of this crucial assistance.

How to Prove:

• Documents Needed:
  • School reports or Individualized Education Plans (IEPs) showing the child’s needs.
  • Letters from teachers, counselors, or social workers attesting to the child’s progress and reliance on Canadian resources.
  • Psychological or medical assessments detailing the impact of separation or relocation on the child.
  • Evidence of community support networks, such as daycare or after-school programs.

5.Hardship Due to Economic Instability

Economic hardship often plays a supporting role in H&C cases. IRCC considers whether the applicant would face extreme poverty or lack of opportunities upon return to their home country.

Example:

• A skilled worker in Canada cannot find suitable employment in their home country due to economic collapse or systemic unemployment.

How to Prove:

• Documents Needed:
  • Economic reports from credible sources showing unemployment rates or economic instability in the applicant’s country.
  • Letters from prospective employers in Canada affirming job offers or continued employment.
  • Bank statements or financial records demonstrating the applicant’s ability to contribute economically to Canada.
  • Personal statements explaining barriers to employment or economic survival in their home country.

6.Hardship Due to Integration in Canada

Applicants who have established deep roots in Canada may argue that leaving would disrupt their life, relationships, and community ties.

Example:

• A single parent has lived in Canada for five years, actively volunteering in their community, with children fully integrated into the Canadian school system.

How to Prove:

• Documents Needed:
  • Proof of long-term residence, such as leases or utility bills.
  • Letters from community leaders, religious figures, or colleagues attesting to the applicant’s involvement and contributions.
  • School records or extracurricular certificates for children showing integration.
  • Personal statements illustrating emotional and social ties to Canada.

7.Hardship Due to Traumatic Events

Survivors of abuse, violence, or trauma may argue that returning to their home country would retraumatize them or subject them to further harm.

Example:

• A domestic abuse survivor fled their home country and now seeks safety and stability in Canada.

How to Prove:

• Documents Needed:
  • Police reports or restraining orders documenting abuse.
  • Psychological assessments showing the impact of trauma and the need for ongoing care.
  • Affidavits from family members, friends, or counselors corroborating the abuse.
  • Proof of participation in counseling or support groups in Canada.

General Tips for Documenting H&C Hardship

1. Be Thorough: Provide detailed, specific evidence that paints a clear picture of the hardship.
2. Use Expert Opinions: Letters or reports from medical professionals, social workers, or other experts carry significant weight.
3. Include Personal Statements: A heartfelt narrative about your circumstances can humanize your case and provide context for the evidence.
4. Stay Organized: Use a detailed table of contents to ensure IRCC can easily review your submission.

Proving hardship in an Humanitarian and Compassionate (H&C) application requires a combination of emotional appeal and factual evidence. The stronger your documentation, the higher your chances of success. Partnering with an experienced immigration professional, like Akrami & Associates, can ensure your case is well-prepared and presented to maximize your chances of approval.

Family Ties in Canada

A strong argument for Humanitarian and Compassionate (H&C) applications often includes the presence of close family members in Canada who depend on or support the applicant. This might involve Canadian citizen or permanent resident spouses, parents, or children who would suffer undue hardship if separated from the applicant. Applicants need to present evidence such as photographs, letters, and financial records to prove their family connections and their significance to the applicant’s case. Highlighting the emotional, financial, and social dependencies can strengthen the application considerably. A key determinant of success in Humanitarian and Compassionate (H&C) applications is the applicant’s integration into Canadian society. IRCC assesses factors such as consistent employment, payment of taxes, voluntary contributions to the community, and social connections. An applicant who has demonstrated a commitment to Canadian values and societal norms has a stronger case for being allowed to remain in the country. Detailed records of employment history, tax filings, letters of recommendation from employers, and evidence of community involvement are crucial in making this argument.

H&C Application Process: Step-by-Step

The Humanitarian and Compassionate (H&C) application process begins with the submission of a detailed application package to IRCC. This includes the completion of forms, submission of supporting documents, and payment of fees. Applicants must also provide a comprehensive personal statement outlining their circumstances and grounds for the application. The process can take several months to years, depending on the complexity of the case. During this period, IRCC may request additional information or clarification, making it essential for applicants to maintain up-to-date and accurate documentation throughout the process.

Step 1: Gather Your Evidence

An Humanitarian and Compassionate (H&C) application isn’t just a form—it’s your life story. Evidence is the backbone of your case, and every piece should reflect your unique challenges and contributions to Canada.

What You’ll Need:

• Detailed written submissions (your personal statement).
• Proof of work history: Pay stubs, employment letters, and tax filings.
• Proof of community ties: Letters of support, volunteer references, and testimonials.
• Medical records: Physician letters, prescriptions, and test results.
• Evidence of hardship in your home country: Newspaper articles, country reports, or affidavits.

Step 2: Complete the Forms

Humanitarian and Compassionate (H&C) applications require you to complete several forms, including:

• IMM 5283: Application for permanent residence based on H&C grounds.
• IMM 5669: Schedule A—Background/Declaration.
• IMM 5406: Additional family information.

Make sure every form is error-free, signed, and accompanied by the correct supporting documents

Step 3: Submit Your Application

Once your application is complete:

• Mail it to IRCC: Use the correct address provided in the H&C instructions.
• Pay the Fees: H&C applications cost $570 per adult and $155 per child.

Step 4: Wait for IRCC’s Decision

IRCC reviews your application in two stages:

1. Eligibility Assessment: Determines whether your application meets the criteria for H&C considerations.
2. Final Decision: A thorough review of your documents and circumstances.

Processing times for Humanitarian and Compassionate (H&C) applications can exceed 18 months, but you can request updates via your IRCC account.

What Happens If You’re Approved?

Approval grants you permanent resident status, allowing you to:

• Work legally in Canada.
• Access public health care and social benefits.
• Sponsor family members in the future.

It’s important to note that H&C applications require a thorough and well-organized presentation of your case. You should provide all relevant details and supporting evidence and clearly articulate why you believe you deserve an exemption from the usual requirements based on humanitarian and compassionate grounds. A persuasive and well-structured argument can significantly enhance your chances of success in obtaining an H&C exemption for your PR card renewal.

Renewing a Permanent Resident (PR) card with Humanitarian and Compassionate (H&C) grounds can provide a viable option for individuals who are unable to meet the Residency obligation of 730 days in the last five years. This type of application allows individuals to present compelling arguments based on humanitarian and compassionate grounds, which can potentially grant them an exception to the Residency obligation. While it is a discretionary process and not guaranteed, a well-constructed and persuasive H&C argument can significantly increase the chances of a successful PR card renewal.

One of the strongest arguments that can be presented in an H&C application is based on humanitarian grounds. This can include situations where an individual has faced extreme hardship or suffering that has prevented them from meeting the Residency obligation. For example, if an individual has experienced severe health issues, disabilities, or traumatic events that have made it impossible for them to be physically present in Canada, it can be a compelling argument for H&C consideration. Providing thorough documentation and evidence of the extent of the hardship, such as medical records or legal documents, can bolster the strength of the humanitarian argument.

Another persuasive argument that can be presented in an H&C application is based on compassionate grounds. This can include situations where an individual has family members in Canada who are dependent on them for care and support. For instance, if an individual is the primary caregiver for a family member with a serious medical condition or a child with special needs, and their absence from Canada would cause significant emotional, psychological, or financial distress to their family, it can be a compelling, compassionate ground for H&C consideration. Providing detailed information about the dependency and the impact of the individual’s absence on their family can strengthen the compassionate argument.

Furthermore, an H&C argument can also be based on other relevant factors, such as the best interests of a child. This can include situations where an individual has minor children who are Canadian citizens or permanent residents, and their absence from Canada would adversely affect the well-being and development of the child. Providing evidence of the child’s ties to Canada, such as school records or medical records, and explaining how the child’s best interests would be served by allowing the individual to renew their PR card can be a compelling argument in favor of the best interests of the child.

It is crucial to present a well-structured and persuasive H&C argument in the application. This includes clearly articulating the reasons why the individual should be granted an exception to the Residency obligation, providing compelling evidence, and addressing any potential concerns or objections that may arise during the assessment process.

Seeking professional assistance from an experienced immigration consultant or lawyer, such as Akrami & Associates, can be beneficial in preparing and presenting a strong H&C argument. They can provide expert advice on the most persuasive arguments, assist in gathering relevant evidence, and ensure that the application is meticulously prepared and submitted in compliance with immigration law and procedures. Furthermore, they can provide representation and advocacy in case of any complications or challenges during the application process, safeguarding the individual’s rights and interests.

Typically, foreign nationals who wish to immigrate to Canada must apply for and obtain a permanent resident visa from abroad. However, section A25(1) of the IRPA allows foreign nationals who are inadmissible or who are ineligible to apply in an immigration class to apply for permanent residence, or for an exemption from a requirement of the Act, based on humanitarian and compassionate (H&C) considerations.

Canadian immigration officers carefully review applications for Permanent Residency (PR) through the Humanitarian and Compassionate (H&C) pathway. To strengthen your application, consider including the following points:

Regarding Establishment in Canada:

Emphasize harm to your child: Highlight any arguments demonstrating the harm your child will face if forced to return to your country of origin or the benefits they would gain from living in Canada.

Prioritize the best interests of the child: Recognize that Canadian immigration officers prioritize the best interests of the child. Consider the following factors when making arguments related to your child’s best interests:

A strong H&C application for PR in Canada should provide compelling evidence of your establishment in Canada and the harm your child will face if forced to return to your country of origin. Keep in mind the best interests of the child, and provide thorough documentation to support your arguments.

Complete the application form for one of the three immigration classes (family class, economic class, or refugee program) and provide reasons for applying on humanitarian and compassionate grounds.

If the applicant is granted approval based on humanitarian and compassionate grounds, they may apply for permanent residency in Canada, which entails:

The submission of Humanitarian and Compassionate Considerations is an important aspect of immigration applications in Canada. It is a process that allows individuals to request special consideration based on compelling humanitarian and compassionate grounds, even if they do not meet the regular immigration requirements. Here are some important points to note when submitting your application for humanitarian and compassionate considerations:

It’s important to note that the Humanitarian and Compassionate (H&C) class is not intended to be used as a parallel process to refugee determination. Refugee claimants cannot submit an application for permanent residence based on H&C considerations while their refugee claim is still pending. Similarly, designated foreign nationals are not eligible to apply for H&C considerations until at least five years have passed from the day of their designation or if there is a pending refugee claim or appeal before a division of the Immigration and Refugee Board (IRB).

For those who are eligible to apply for H&C, their application is assessed on its own merits, with officers carefully considering the humanitarian and compassionate considerations based on the individual circumstances of the applicant. A written request for H&C exemption must be filed with an application to remain in Canada as a permanent resident or, in the case of a foreign national outside Canada, an application for a permanent resident visa. The application must be made by the principal applicant, and where applicable, by the spouse or common-law partner, or by dependent children over the age of 18 who are Canadian citizens or permanent residents.

It’s important to note that having a removal order against them does not prevent a person from applying for permanent residence based on H&C grounds. However, the application will not delay the removal from Canada, and the applicant must leave on or before the date of removal, as stated on the removal order. It’s also worth mentioning that the processing time for H&C applications can be lengthy, often taking several years, as cautioned by Citizenship and Immigration Canada (CIC).

The following factors may render an applicant ineligible for submitting an H&C application:

Please note that all communication must be in the English language.

Frequently Asked Questions

1. What is Humanitarian and Compassionate (H&C)?

Humanitarian and Compassionate (H&C) applications are a unique immigration pathway that provides individuals with an opportunity to apply for permanent residency in Canada despite being ineligible under other programs. These applications are designed for those facing exceptional circumstances, such as extreme hardship or barriers that prevent them from meeting standard immigration requirements. H&C applications allow Immigration, Refugees, and Citizenship Canada (IRCC) to evaluate a person’s situation on compassionate grounds, considering factors like family ties in Canada, the best interests of children, and hardships in the applicant’s home country. Unlike most immigration streams, H&C applications focus on the applicant’s personal circumstances rather than their qualifications, making it a deeply individualized process.

Let our team of highly skilled Canadian Immigration Lawyers and Regulated Canadian Immigration Consultants guide you through the intricate process of applying for Permanent Residence under Humanitarian and Compassionate grounds. We understand the complexities involved in presenting a compelling argument for PR under H&C, and our experience and knowledge can significantly increase your chances of success.

Don’t navigate this challenging process alone – be proactive and contact us today! We will work with you to identify and emphasize the strengths in your application, leveraging our expertise to help you achieve your immigration goals. With Akrami & Associates, there is always a way. Call us at 416-477-2545 to learn more about PR under H&C or to book a consultation with one of our immigration professionals for expert advice.