H & C Applications

Humanitarian & Compassionate (H&C) Applications

Immigration Legislation has a provision to protect individuals for Humanitarian and Compassionate grounds (H&C). This is a very important section of the Act as it allows individuals to apply for Permanent Residence who otherwise may not be eligible.

Individuals who find themselves in Canada without status and who have been living in Canada for at least 3 years may be good candidates to apply for PR through H&C. The legal test requires that applicants clearly demonstrate they would experience unusual, undeserved, or disproportionate hardship if they were required to leave Canada.

The application will be assessed on the information provided and a decision will be based on the applicant’s personal circumstances and whether those circumstances merit H&C consideration. Applications are approved only in exceptional circumstances, and processing times can take many years.

There is no guarantee of approval. If refused, in certain circumstances an applicant may ask the Federal Court of Canada to review the decision. Many in-land H&C applications rely significantly on the applicant’s economic and cultural establishment in Canada.

Factors That Will Be Considered

• Does the applicant have a history of stable employment?
• Is there a pattern of sound financial management?
• Has the applicant integrated into the community through community organizations, volunteer work, or other activities?
• What hardship would occur if the application were refused?
  • The level of inter-dependency and support available in the home country
  • Whether the applicant is able to work
  • Whether there is a significant degree of establishment in Canada

Best Interests of the Child

Immigration Legislation also requires decision-makers to consider the best interests of the child when assessing a Humanitarian & Compassionate application. This is one of the strongest and most persuasive factors that can be argued in H&C submissions.

Need Help?

For more information about H&C or assistance preparing an application, contact us today!