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Canada is known globally for its humanitarian values and commitment to protecting vulnerable populations. One of the most compassionate pathways available under Canadian immigration policy is the Humanitarian and Compassionate application. This mechanism allows individuals without legal immigration status or with limited options to request permanent residence in Canada on humanitarian grounds.

This comprehensive guide will explain what an H&C application is, who qualifies, how to apply, what factors are considered, common challenges, and tips for a successful application.

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

Humanitarian and Compassionate (H&C) Application

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A Humanitarian and Compassionate (H&C) application is a special provision under Canadian immigration law that allows certain foreign nationals to apply for permanent residence from within Canada, even if they do not meet the normal eligibility requirements of Canada’s immigration programs. It is designed to address exceptional cases where individuals have compelling personal circumstances that warrant special consideration on humanitarian and compassionate grounds. The H&C application process provides a discretionary avenue for those who have made Canada their home, established roots in the country, or who would face unusual, undeserved, or disproportionate hardship if required to leave Canada.

The legal authority for H&C applications Canada comes from the Immigration and Refugee Protection Act (IRPA), specifically Section 25(1). This section allows the Minister of Immigration, or a delegated immigration officer, to grant an exemption from certain immigration requirements, or to approve permanent residence, if justified by humanitarian and compassionate considerations. This provision emphasizes the importance of the best interests of a child directly affected by the decision, and gives immigration officers the discretion to consider a wide range of factors, including social, cultural, health, and economic elements that affect the applicant’s situation. The Immigration and Refugee Protection Regulations (IRPR) provide further procedural guidance on how such applications are submitted and reviewed.

H&C applications are typically made by individuals who are in Canada without valid immigration status. These might include failed refugee claimants, people who have overstayed their visas, or individuals who entered Canada without proper documentation. However, even individuals with temporary status who are facing significant hardship in their country of origin may also be eligible to apply. Unlike other immigration pathways, the H&C process is not points-based and does not require applicants to have job offers, language tests, or educational credentials. Instead, it relies on a holistic and discretionary assessment of the individual’s circumstances and potential consequences of removal.

Purpose and Philosophy of Humanitarian and Compassionate (H&C) Applications

1. Upholding Canadian Humanitarian Values

  • Canada has long been recognized as a country grounded in compassion, inclusion, and human rights.

  • The H&C provisions reflect these values by offering a legal mechanism to consider people in exceptional, often vulnerable, situations.

  • It demonstrates the moral commitment of Canadian immigration policy to go beyond rigid eligibility requirements and consider the human experience behind each case.

2. A Flexible Legal Safety Net

  • H&C applications serve as a safety valve in the immigration system for individuals who do not qualify under standard immigration categories.

  • They provide a discretionary and non-prescriptive approach, ensuring no one is unjustly penalized by overly strict rules if their situation warrants special consideration.

  • This flexibility allows IRCC officers to apply individualized assessments based on real-life, lived experiences.

3. Addressing Gaps in the Immigration System

  • Not every immigrant fits neatly into economic, family, or refugee categories.

  • Some people may fall through the cracks—due to lost documentation, technical issues, or sudden changes in personal or global circumstances.

  • H&C is designed to catch those individuals, allowing Canada to uphold its humanitarian standards even when formal routes fail.

4. Responding to Unusual, Undeserved, or Disproportionate Hardship

  • A core principle of H&C is to prevent unjust suffering caused by immigration enforcement.

  • The application allows officials to consider whether removal from Canada would cause:

    • Unusual hardship (beyond typical country conditions)

    • Undeserved hardship (when the applicant is not at fault)

    • Disproportionate consequences (su

    • ch as severe harm to a child)

  • It ensures immigration enforcement does not ignore human consequences.

Who Can Apply Under Humanitarian and Compassionate (H&C) Grounds in Canada?

In Canadian immigration law, a Humanitarian and Compassionate (H&C) Grounds in Canada is a powerful but discretionary process designed to offer permanent residence to individuals who would not otherwise qualify under standard immigration categories. These applications are considered under Section 25(1) of the Immigration and Refugee Protection Act (IRPA) and Section 66-67 of the Immigration and Refugee Protection Regulations (IRPR). While H&C relief is not guaranteed, it provides an important option for people in exceptional and often vulnerable circumstances. But who can apply under these grounds? The answer involves understanding legal eligibility, typical applicant profiles, and the kinds of compassionate factors immigration officers consider.

Legal Eligibility: Who Is Permitted to Apply?

 

Anyone physically present in Canada who does not meet the requirements of standard immigration categories—such as economic immigration, family sponsorship, or refugee protection—may be eligible to apply for permanent residence on humanitarian and compassionate grounds. Applicants must generally be:

    • Foreign nationals currently in Canada

  • Unable to leave the country without facing significant hardship

  • Not eligible for refugee protection (or have had a refugee claim denied or withdrawn)

  • Not inadmissible on grounds such as serious criminality or national security, unless the nature of the case justifies an exemption

Importantly, H&C applications cannot be made from outside Canada, except in exceptional cases involving statelessness or compelling humanitarian crises, for which separate procedures exist.

Typical Profiles of H&C Applicants

While each application is assessed individually, several categories of people often seek relief under H&C grounds. These include:

a) Failed Refugee Claimants

  • People whose refugee claims have been refused but who cannot return home due to personal hardship (e.g., medical, psychological, or social).

  • Although they do not meet the legal definition of a “refugee” or “person in need of protection,” they still face real challenges upon return.

  • They must wait 12 months after the final decision on their refugee claim before applying for H&C—unless there are children affected or life-threatening circumstances.

b) Undocumented Migrants

  • Individuals who have overstayed their visas, entered without proper documents, or lost their immigration status.

  • Many have lived in Canada for years, built families, worked, and contributed to their communities.

  • H&C applications offer a path to regularize their status and avoid deportation.

c) Temporary Residents Facing Unusual Hardship

  • Workers, students, or visitors who, for compelling reasons, cannot return to their home country.

  • Examples may include those escaping domestic violence, systemic discrimination, or illness for which treatment is unavailable elsewhere.

d) Parents of Canadian-Born Children

  • Individuals whose children are Canadian citizens or permanent residents, and who risk family separation or hardship if removed.

  • Immigration officers are required to consider the best interests of any affected child as a primary factor in decision-making.

e) Individuals with Strong Establishment in Canada

  • People who have lived in Canada for many years, are economically self-sufficient, and are integrated into their community.

  • Establishment may include stable employment, community involvement, good moral character, and strong local ties.

f) People with Serious Medical Conditions

  • Individuals who need ongoing medical treatment not available in their country of origin, and whose removal could result in serious harm or death.

  • Documentation from Canadian doctors and evidence from international medical sources are essential in such cases.

g) LGBTQ+ Individuals Fearing Persecution

  • Those who face homophobic or transphobic persecution in their country of origin, but who did not qualify or apply as refugees.

  • This is particularly common among people from countries where sexual orientation or gender identity is criminalized or violently repressed.

Who Is Not Eligible or Likely to Be Refused?

While many can apply, there are limitations on who is likely to succeed under H&C grounds:

a) Individuals Outside Canada

  • H&C applications are only for those inside Canada. Applications from abroad generally fall under different categories (resettlement, private sponsorships, etc.).

b) Inadmissibility Based on Serious Criminality

  • Applicants with serious criminal records (especially crimes involving violence, drugs, or human trafficking) are typically not successful, unless they demonstrate exceptional circumstances.

c) Persons Still in the Refugee Process

  • Those with a refugee claim in process cannot apply under H&C grounds simultaneously.

  • A refugee claim must first be withdrawn or concluded before applying on humanitarian grounds.

Benefits from the Humanitarian and Compassionate (H&C) application?

  • Failed Refugee Claimants: Individuals whose refugee claims have been rejected but who cannot return to their home country due to personal hardship or life-threatening risks. They benefit from H&C by being able to stay in Canada, particularly if they are facing conditions that do not meet the legal refugee criteria.

  • Undocumented Migrants: Foreign nationals who entered Canada without proper documentation or have overstayed their visas. These individuals often benefit from H&C by regularizing their immigration status, which helps them avoid deportation and build a future in Canada.

  • Parents of Canadian Citizens or Permanent Residents: Individuals who have children that are Canadian citizens or permanent residents, and face the potential separation from their family if they were required to leave the country. H&C helps keep families together by prioritizing the best interests of children.

  • People with Serious Medical Conditions: Applicants who suffer from chronic illness or medical conditions that require treatment unavailable in their country of origin. They benefit from H&C by being allowed to stay in Canada to receive the medical care they need, which they cannot access safely in their home country.

  • Individuals Fearing Persecution: People, including LGBTQ+ individuals, ethnic minorities, or women facing gender-based violence in their home countries, who do not qualify as refugees but still face grave threats. H&C offers them a chance to remain in Canada, where they are safe from persecution.

  • Long-Term Residents and Community Members: People who have lived in Canada for a long time, contributing to Canadian society through work, community service, or education, but who are unable to meet the specific requirements for permanent residence. H&C offers these individuals a chance to continue living in Canada, as they have established themselves as active members of the community.

  • Victims of Domestic Violence or Abuse: Individuals who have fled domestic violence or abusive situations and would face significant harm or even danger if sent back to their home country. H&C allows them to stay in Canada where they are safer and have access to support services.

  • Individuals with Strong Family Ties in Canada: Those with close family relationships (such as a spouse or parent) already living in Canada who face hardship or severe consequences from being separated. H&C can benefit them by prioritizing family reunification and ensuring that families are not divided by immigration laws.

  • Stateless Individuals: Persons who do not have any nationality, leaving them without legal protection in their home country or elsewhere. They benefit from H&C by being granted residence in Canada, offering them a path to security and recognition.

  • Individuals Who Contribute to Canadian Society: People who have demonstrated good moral character, contributed to society through work or volunteerism, or made meaningful ties in Canada but do not fit into traditional immigration categories. H&C helps them by providing a humanitarian path to permanent residence, recognizing their positive impact on the country.

The H&C application process

1. Determine Eligibility

  • Before applying, an individual must assess their eligibility for an H&C application. Key factors include:

    • Being physically present in Canada.

    • Having no other feasible immigration options (i.e., they do not qualify for family sponsorship, economic immigration, or refugee protection).

    • Facing unusual or undue hardship upon return to their home country, which can include medical conditions, family separation, or other unique personal challenges.

  • It is often advised to consult an immigration professional to determine eligibility and ensure that the application is supported by all necessary documentation.

2. Prepare the Application Package

  • Complete the application forms:

    • The main form for applying for permanent residence on H&C grounds is IMM 5283 (Humanitarian and Compassionate Application) and IMM 0008 (Generic Application Form for Canada).

  • Compile supporting documents: This is a crucial step, as the decision will largely be based on the evidence provided. Some documents typically required include:

    • Proof of identity (e.g., passport, birth certificate).

    • Medical reports for health-related cases.

    • Psychological evaluations if applicable.

    • Letters of support from family members, employers, or community leaders.

    • Proof of long-term residence in Canada (e.g., rental agreements, employment records, school records for children).

    • Proof of financial support or self-sufficiency in Canada.

    • Police certificates (if necessary).

  • Write a detailed personal statement explaining the applicant’s circumstances, the hardship they would face if removed from Canada, and their ties to the country.

3. Submit the Application

  • The completed application package, along with the supporting documents and applicable fees, should be submitted to Immigration, Refugees and Citizenship Canada (IRCC).

4. Acknowledgement of Receipt

  • After submitting the application, applicants will receive an acknowledgement of receipt (AOR) from IRCC.

  • The AOR confirms that IRCC has received the application and will begin processing it.

  • This also provides a file number, which can be used for tracking the application status.

Decision Made

  • After reviewing all documents, including the application and supporting evidence, IRCC will make a decision.

    • If the application is approved, the applicant will receive a Confirmation of Permanent Residence (COPR) and can proceed with obtaining their permanent resident visa.

    • If the application is refused, the applicant will be notified, and they may request a judicial review if they believe the decision was made in error.

5. Final Steps for Approved Applications

  • If approved, applicants will need to undergo a landing procedure to officially become permanent residents of Canada.

  • This involves providing the necessary photographs and receiving the Permanent Resident (PR) card.

How Long Does the H&C Process Take?

  • The processing time for H&C applications can be unpredictable, but here are some general timeframes:

    • Initial processing and document review: Typically 12 months, during which IRCC assesses the completeness of the application and the eligibility of the applicant.

    • Final decision: The decision process can take 24–36 months in total, depending on factors such as:

      • The complexity of the case (e.g., medical or family issues).

      • The need for further documentation or interviews.

      • The current volume of Humanitarian and Compassionate application being processed.

    Because H&C applications are discretionary, some cases may take longer if they involve complex humanitarian issues, or if additional information is requested.

Additional Steps During Processing

  • Medical Exam: If not already done, the applicant may be asked to undergo a medical examination to ensure they do not pose a public health risk and do not have a medical condition that would make them inadmissible.

  • Police Checks: A criminal background check will be requested to ensure the applicant has not committed crimes that would make them inadmissible to Canada.

  • Interviews: In some cases, the applicant may be called for an interview to further discuss their case or provide additional details.

 

Humanitarian and Compassionate vs Refugee Claims: Key Differences

Refugee Claims

Pros:

  • Protection from Persecution: Refugee claims are primarily designed to offer protection to individuals fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

  • Clear Eligibility Criteria: The refugee process has well-defined criteria based on the UN Refugee Convention, providing a clear framework for applicants who fit these circumstances.

  • Faster Pathway for Protection: Refugee applicants often receive faster decisions and can receive refugee protection in Canada, which includes work permits and access to social benefits while waiting for a decision.

  • Right to Remain in Canada: If granted refugee status, individuals are legally allowed to remain in Canada indefinitely and eventually apply for permanent residency.

  • Access to Support: Refugees are typically eligible for settlement assistance from the Canadian government, which may include help with housing, language training, and employment services.

Cons:

  • Narrow Eligibility: Refugee claims are limited to specific situations where the applicant faces persecution in their home country. Applicants who do not meet the strict refugee definition cannot apply under this category.

  • Risk of Rejection: Refugee claims can be denied if the applicant cannot prove they meet the criteria, leaving them with limited options for staying in Canada.

  • Lengthy Process: While refugee claims are often processed faster than H&C applications, the legal and bureaucratic hurdles involved in proving the claim can lead to prolonged waiting times.

  • Appeals and Reviews: If rejected, refugees may face appeals, judicial reviews, or the risk of deportation, leading to uncertainty and potential family separation.

Humanitarian and Compassionate Application

Pros:

  • Broad Eligibility Criteria: H&C applications are not restricted to specific forms of persecution and can be made by anyone facing exceptional hardship, such as medical conditions, family separation, or domestic violence.

  • Consideration of Personal Circumstances: The process gives significant weight to individual circumstances, including family ties, medical needs, and emotional distress, offering a more compassionate and flexible path to residency.

  • No Need for Refugee Status: People who do not qualify for refugee status (for reasons such as not being in danger or not facing persecution) may still be able to apply through H&C grounds.

  • Family Reunification: H&C applications prioritize family unity, especially when children or spouses are involved, making it easier for applicants to remain with their loved ones.

  • More Time for Processing: While H&C applications take longer (typically 12-24 months), applicants are often able to stay in Canada legally, without fear of deportation, while their case is processed.

Cons:

  • Longer Processing Times: H&C applications generally have longer processing times compared to refugee claims, often taking 2 to 3 years to complete, during which applicants may be uncertain of their future.

  • Discretionary and Unpredictable: H&C decisions are discretionary, meaning there is no guarantee of success. Immigration officers have considerable leeway in deciding whether the applicant’s circumstances justify granting permanent residence.

  • Limited Access to Benefits: While applicants may be able to stay in Canada, they often have limited access to social benefits (such as healthcare or financial aid) during the application process compared to refugees.

  • No Appeal Process: Unlike refugee claims, H&C decisions cannot be appealed directly. If the application is refused, applicants may only seek a judicial review, which can be a lengthy and costly process.

Key Differences

  • Eligibility: Refugee claims are restricted to those facing persecution, whereas H&C applications allow a broader scope for applicants facing various personal hardships, including medical conditions, family separation, and long-term residence.

  • Speed of Process: Refugee claims tend to be processed more quickly than H&C applications, which can take much longer (up to 2 years).

  • Flexibility: H&C applications offer more flexibility in assessing an individual’s personal situation, whereas refugee claims are more rigid in terms of eligibility criteria.

  • Access to Benefits: Refugees may have quicker access to government assistance and settlement services, while H&C applicants may face delays in receiving similar support during processing.

 

Frequently Asked Questions (FAQs) and common misunderstandings about Humanitarian and Compassionate (H&C) applications in Canada

1. What is an Humanitarian and Compassionate application?

An H&C application is a request to Immigration, Refugees and Citizenship Canada (IRCC) for permanent residence based on exceptional personal circumstances. It is for people who do not qualify under other immigration programs but would suffer hardship if forced to leave Canada.

2. Who can apply for Humanitarian and Compassionate application?

Anyone physically in Canada can apply, but you must show compelling reasons such as:

  • Risk of hardship if returned to your country

  • Strong ties to Canada

  • Best interests of a child

  • Medical needs

  • Other compassionate factors

3. Do I need to be in Canada to apply?

Yes. H&C applications are only available from within Canada. You cannot apply from abroad under this category.

4. How long does it take to process an Humanitarian and Compassionate application?

Processing times can range from 12 to 24 months, depending on the complexity of the case and IRCC’s workload.

5. Can I apply for a work permit while waiting for my H&C application to be processed?

In some cases, yes. If you’ve submitted your application and are without status, you may be eligible to apply for an open work permit on H&C grounds.

6. Will applying for H&C stop my deportation?

Not automatically. If you are under a removal order, you can apply for a pre-removal risk assessment (PRRA) or ask for a deferral of removal while your H&C is in process, but there’s no guarantee it will be granted.

7. Can I include my family members in the application?

You can include family members who are in Canada with you. If your dependents are outside Canada, you may sponsor them later if your H&C is approved, but they are not automatically included.

8. Can I appeal a refusal of my Humanitarian and Compassionate (H&C) Application?

There is no right of appeal to the Immigration Appeal Division for a refused H&C. However, you may apply for judicial review in Federal Court if you believe the decision was unfair or unreasonable.

9. Do I need a lawyer to apply?

A lawyer is not required, but highly recommended. H&C applications are complex and discretionary, so a well-prepared application can greatly improve your chances of success.

10. Does applying for H&C affect other immigration applications?

No. You can have other applications (like a refugee claim or spousal sponsorship) running at the same time as an H&C application, but the decisions will be assessed separately.

Common Misunderstandings About H&C Applications

1. “Anyone can get PR through Humanitarian and Compassionate application if they just apply.”

False. H&C is not an automatic pathway to permanent residence. It’s discretionary, and you must demonstrate serious hardship or compelling reasons to stay in Canada.

2. “I have a job, so I’ll be approved.”

Not necessarily. Having employment helps but does not guarantee approval. IRCC looks at the whole picture, including hardship, family ties, and personal circumstances.

3. “I have been in Canada for 5+ years, so I qualify automatically.”

No. Length of stay is just one factor. It helps your case, but you must also show why returning to your home country would cause undue hardship.

4. “Submitting an H&C application means I can’t be deported.”

Wrong. Submitting an H&C does not stop removal unless a stay is granted by CBSA or the Federal Court. You may still be removed while the application is in process.

5. “If I was refused refugee status, I can’t apply for Humanitarian and Compassionate application.”

Incorrect. Many failed refugee claimants do apply for H&C, especially if circumstances have changed or there are strong humanitarian reasons.

6. “If I marry a Canadian citizen, my Humanitarian and Compassionate application will automatically be approved.”

Untrue. Marriage alone does not guarantee success. The genuineness of the relationship and other compassionate factors must be demonstrated.

7. “I can include family members abroad in my H&C.”

Not directly. H&C only applies to people inside Canada. You may sponsor family members later, but they cannot be included in your Humanitarian and Compassionate application unless they are also present in Canada.

8. “There’s a fixed checklist of what IRCC will consider.”

No. Each H&C case is assessed on its individual merits. IRCC considers all relevant humanitarian and compassionate factors, including those not listed in standard forms.

Conclusion

The purpose and philosophy of Humanitarian and Compassionate application in Canada are deeply rooted in compassion, justice, and respect for human dignity. It is a safeguard within the immigration system that ensures fairness and humanity are not sacrificed in the application of the law. By allowing immigration officers to consider establishment, hardship, children’s well-being, and other exceptional factors, H&C provisions ensure that Canada remains not only a country of laws but also a country of values.

With Canada continuing to open its doors to newcomers, there’s no better time to prepare, apply, and take the next step toward your Canadian dream with Surrey Immigration by your side.

Source : Canada.ca