Humanitarian and Compassionate (H&C) Applications for Canadian PR

If you’re in Canada without status or don’t qualify for other immigration programs but face hardship if forced to leave, the Humanitarian and Compassionate (H&C) application may be the best option for you. Though H&C applications are complex and not a guaranteed path to permanent residency (PR), for individuals in difficult situations, it can be a life-changing opportunity.

What is a Humanitarian and Compassionate (H&C) Application?

An H&C application is designed for individuals who do not qualify under other immigration programs but have exceptional circumstances that make it unfair to be removed from Canada. It provides a pathway for those facing dire situations, enabling them to stay in Canada on humanitarian grounds.

Who Can Apply?

The following individuals are eligible to apply for an H&C application:

• People without status who have established strong ties to Canada.

• Individuals who would face severe hardship if forced to return to their home country.

Individuals with children who would be negatively affected by deportation.

How to Apply for an H&C Application

Step One: Prove Strong Ties to Canada
You must demonstrate strong long-term residence, community involvement, and work history. To support your case, you can provide letters from employers, teachers, or community members who can vouch for your ties to Canada.

Step Two: Show Hardship if Forced to Leave
Examples of hardship include medical conditions that cannot be treated in your home country, evidence of unsafe or unstable conditions in your country, or any personal risks or discrimination you may face upon returning to your home country.

Step Three: Submit a Well-Prepared Application
The application involves submitting specific forms such as IMM 5283, paying the PR application fee, and including supporting documents to explain why you should be allowed to stay in Canada. The H&C application process is reviewed on a case-by-case basis, and approval is highly dependent on the strength and validity of the case.

Common Reasons for Refusal

Several factors can lead to the refusal of an H&C application:

• Weak supporting evidence: Failure to provide sufficient documentation to support your claims of hardship or strong ties to Canada.

• Failure to prove hardship: If you cannot demonstrate that returning to your home country would cause significant difficulty or risk, your application may be rejected.

• Criminal or immigration violations: Previous violations can also affect the approval of an application.

It’s important to note that approval rates vary, and Immigration, Refugees and Citizenship Canada (IRCC) is strict when reviewing these applications. Therefore, thorough preparation is crucial for improving your chances of approval.

Conclusion

If you are considering submitting an H&C application, it’s vital to build a strong and well-documented case. The process is lengthy and complex, but for many individuals, it represents the best chance to remain legally in Canada. Proper preparation and understanding the requirements can make all the difference.

For assistance with your H&C application or if you have any questions, don’t hesitate to contact us. We can guide you through the process and help ensure your application is as strong as possible.