Humanitarian and Compassionate ( H&C )
Canada’s Humanitarian and Compassionate (H&C) Applications offer a pathway to permanent residency for foreign nationals who are otherwise ineligible under standard immigration classes. These applications are assessed on exceptional circumstances, allowing individuals facing significant hardship to seek residency based on compassionate grounds.
Understanding Humanitarian and Compassionate Applications
H&C applications are designed for individuals who:
Are foreign nationals currently residing in Canada.
Require an exemption from specific requirements of the Immigration and Refugee Protection Act (IRPA) or its regulations to apply for permanent residence within Canada.
Are not eligible to apply for permanent residence under any other immigration class but believe their circumstances warrant H&C considerations.
It’s important to note that applying on H&C grounds is an exceptional measure and not a standard alternative for obtaining permanent resident status. Applicants must clearly indicate the specific exemptions they are requesting and provide compelling reasons supporting their case.
Eligibility Criteria for H&C Applications
Applicants may be eligible for H&C consideration if they:
Are foreign nationals currently living in Canada.
Need an exemption from one or more requirements of the IRPA or its regulations to apply for permanent residence within Canada.
Are not eligible to apply for permanent residence within Canada under any other immigration class but believe that their circumstances justify H&C considerations.
However, individuals are not eligible to apply for H&C consideration if they:
Are Canadian citizens or permanent residents.
Have submitted an H&C application for which a decision has not been made.
Have an outstanding refugee claim.
Became a designated foreign national within the last five years.
Designated foreign nationals are notified by the Minister of Public Safety and are barred from applying for H&C consideration for at least five years following their designation or the date of a decision on their refugee claim or appeal.
Factors Considered in H&C Applications
When assessing H&C applications, immigration officers may consider various factors, including:
Establishment in Canada: The degree to which the applicant has integrated into Canadian society, including employment history, community involvement, and family ties.
Adverse Conditions in Home Country: Potential hardships or risks the applicant may face if required to return to their country of origin.
Best Interests of Any Children Involved: How the decision affects any children directly impacted by the outcome, considering their emotional, educational, and social well-being.
Health Considerations: Medical conditions that may be inadequately treated in the applicant’s home country.
Family Violence Considerations: Situations involving abuse or neglect that could be exacerbated by returning to the home country.
Applicants are encouraged to provide comprehensive documentation supporting their claims in these areas to strengthen their application.
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Application Process for H&C Consideration
Obtain the Application Package:
- Access the “Applying for Permanent Residence from Within Canada – Humanitarian and Compassionate Considerations” (IMM 5283) application package from the official IRCC website.
Complete the Application Forms:
- Accurately fill out all required forms, ensuring all information is truthful and complete.
Gather Supporting Documents:
- Compile evidence supporting your H&C claims, such as proof of establishment in Canada, medical records, letters of support, and any other relevant documentation.
Pay the Applicable Fees:
- The processing fee for an H&C application is $550 for the principal applicant. If the application is approved, a Right of Permanent Residence Fee of $490 will also be required.
Submit the Application:
- Mail the complete application package, including all forms, supporting documents, and proof of payment, to the address specified in the application guide.
Await Processing:
- Processing times for H&C applications can vary. Applicants should be prepared for a potentially lengthy process and ensure they maintain valid status in Canada during this period, if possible.
Important Considerations
One Application at a Time: Individuals are permitted to have only one H&C application under consideration at any given time.
Not a Substitute for Other Immigration Programs: H&C applications are intended for exceptional cases and should not be viewed as an alternative to other established immigration pathways.
Legal Advice Recommended: Given the complexity and discretionary nature of H&C applications, seeking legal advice or assistance from a qualified immigration consultant is advisable to enhance the likelihood of a successful outcome.
If you believe your circumstances warrant an H&C application, contact us today to discuss your options and receive expert guidance throughout the process.
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I’m Rashid Ali, a Licensed Canadian Immigration Consultant, having a designation of RCIC (Regulated Canadian Immigration Consultant) from the College of Citizenship & Immigration Consultants of Canada or CICC (Previously known as ICCRC). CICC is the official regulator of immigration consultants in Canada. I’m also a member of the Canadian Association for Professional Immigration Consultants (CAPIC).
