Humanitarian and Compassionate Applications in Canada: What You Need to Know

Canada’s regular immigration programs have specific eligibility requirements. However, some people have circumstances that do not fit neatly within those programs.

A person may have lived in Canada for several years, built strong family and community ties, established a career, or raised children here. They may also face serious personal or family hardship if required to leave Canada.

In exceptional situations, an application for permanent residence based on Humanitarian and Compassionate considerations, commonly known as an H&C application, may be an option.

What Is an H&C Application?

An H&C application asks Immigration, Refugees and Citizenship Canada, known as IRCC, to consider a person’s individual circumstances and make an exception to certain immigration requirements.

Canadian immigration law allows an officer to grant permanent resident status, or an exemption from certain legal requirements, when humanitarian and compassionate considerations justify it. The officer must also consider the best interests of any child directly affected by the decision.

An H&C application is not a regular immigration program. It is an exceptional and discretionary process. This means that every application is assessed individually, and approval is never guaranteed.

Who May Consider an H&C Application?

An H&C application may be worth exploring when a person:

• is living in Canada but does not qualify under another permanent residence program;

• has built a meaningful and established life in Canada;

• has close family members in Canada;

• has children who would be affected by their removal;

• would face significant personal or family hardship if required to leave Canada;

• has important medical, emotional or caregiving circumstances; or

• needs an exemption from a particular immigration requirement.

Having one of these factors does not automatically lead to approval. IRCC looks at the person’s complete situation and considers all relevant circumstances together.

What Factors Does IRCC Consider?

IRCC identifies four important areas that may be considered:

1. How established the person is in Canada

2. The person’s family ties to Canada

3. The best interests of any children involved

4. What may happen if the H&C request is refused

Other personal circumstances may also be relevant, depending on the case.

Establishment in Canada

Establishment means the life a person has built in Canada.

IRCC may look at factors such as:

• how long the person has lived in Canada;

• employment history;

• financial stability;

• payment of taxes;

• education or professional training;

• community involvement;

• volunteer work;

• friendships and support networks;

• participation in religious, cultural or community organizations; and

• the person’s overall integration into Canadian society.

Simply living in Canada for a long time may not be enough. The applicant should show what they have built during that time and how leaving Canada would affect their life.

Helpful evidence may include employment letters, pay records, tax documents, school records, volunteer letters, professional certificates and letters from community members.

Family Ties in Canada

IRCC may consider the applicant’s relationships with family members in Canada, including:

• a spouse or common-law partner;

• children or stepchildren;

• parents or grandparents;

• brothers and sisters;

• extended family members; and

• people who depend on the applicant for emotional, financial or practical support.

The strength of the relationship matters.

For example, an applicant may provide evidence that they care for an elderly parent, financially support family members, help raise a child, or play an important role in the daily life of a Canadian relative.

The application should explain how family members would be affected if the applicant had to leave Canada.

Best Interests of a Child

The best interests of any child directly affected are an important part of an H&C application.

A child may be affected because the applicant is their:

• parent;

• stepparent;

• grandparent;

• sibling;

• caregiver; or

• another important person in their life.

Factors may include:

• the child’s age;

• the child’s life and establishment in Canada;

• school performance and educational needs;

• physical or mental health needs;

• developmental needs;

• the child’s relationship with the applicant;

• the effect of separating the child from a parent or caregiver;

• conditions in the country where the child may have to live; and

• the disruption that removal may cause to the child’s daily life.

The best interests of a child do not automatically guarantee approval. The applicant must clearly explain how the child would be affected and provide supporting evidence.

Evidence may include school records, medical reports, counselling records, letters from teachers, psychological assessments and proof of the applicant’s caregiving role.

Hardship if the Applicant Must Leave Canada

IRCC may also consider what would happen to the applicant and their family if the H&C request were refused.

Hardship may relate to:

• separation from close family members;

• loss of an important caregiver;

• disruption to a child’s education;

• difficulty obtaining necessary medical treatment;

• lack of family or community support in another country;

• social, cultural or language barriers;

• discrimination;

• economic difficulties;

• personal vulnerability;

• family violence;

• gender-related hardship; or

• a combination of several difficult circumstances.

General statements such as “life will be difficult” are usually not enough. The applicant should explain exactly how the hardship would affect them or their family.

The application should also include documents supporting those statements wherever possible.

Is an H&C Application the Same as a Refugee Claim?

No.

A refugee claim focuses on whether a person faces persecution, a danger of torture, a risk to life, or cruel and unusual treatment or punishment.

An H&C application focuses on the applicant’s personal circumstances, establishment, family relationships, affected children and the hardship that may result if relief is not granted.

Under Canadian law, an officer reviewing an in-Canada H&C application cannot assess refugee-protection factors in the same way as the Immigration and Refugee Board. The officer must instead consider hardship connected to the applicant’s circumstances.

Information about conditions in another country may still be relevant, but it should be connected directly to the applicant’s personal hardship.

Can Someone With a Pending Refugee Claim Apply?

Generally, no.

A person cannot have a refugee claim pending before the Refugee Protection Division or Refugee Appeal Division while also asking IRCC to examine an H&C application.

A person considering withdrawing a refugee claim to submit an H&C application should obtain legal advice before taking any action. Withdrawing a refugee claim can have serious consequences.

What Is the One-Year Bar?

A person will generally be unable to apply for H&C consideration for 12 months after a final negative refugee decision.

This is commonly called the one-year bar.

A refugee claim that was rejected, abandoned or withdrawn in certain circumstances may trigger this restriction.

The one-year bar may not apply when:

• the person’s removal would negatively affect the best interests of a child directly affected; or

• the applicant or a dependent has a life-threatening medical condition that cannot be adequately treated in the country of removal.

Whether an exception applies depends on the individual facts and supporting evidence.

Does Applying for H&C Give Someone Legal Status?

No.

Submitting an H&C application does not automatically give a person temporary resident status in Canada.

It does not automatically provide a:

• work permit;

• study permit;

• visitor record; or

• temporary resident permit.

Any application to extend or restore temporary status must normally be made separately and requires its own forms and fees. IRCC’s H&C guide confirms that temporary residence applications are separate from an H&C application.

Does an H&C Application Stop Removal?

No.

Submitting an H&C application does not automatically stop or delay removal from Canada.

A person who has a removal order may still be required to leave Canada while the application is being processed. IRCC may continue processing the H&C application after the person leaves Canada.

Anyone facing removal should obtain legal advice immediately because other legal procedures may have strict deadlines.

What Evidence Can Support an H&C Application?

An H&C application is heavily based on evidence.

The applicant should provide documents supporting every important part of their case. Depending on the circumstances, evidence may include:

• a detailed personal statement;

• sworn affidavits;

• employment letters;

• pay records;

• income tax documents;

• school and educational records;

• medical reports;

• psychological or counselling reports;

• proof of family relationships;

• letters from family members;

• letters from employers;

• community reference letters;

• volunteer records;

• religious or cultural organization letters;

• proof of financial support;

• evidence of caregiving responsibilities;

• children’s school and medical records;

• photographs;

• communication records;

• evidence about conditions in another country; and

• documents explaining the applicant’s immigration history.

Submitting many documents does not automatically make an application strong. The evidence should be organized and clearly connected to the applicant’s circumstances.

What Should the Applicant Explain?

A strong application should clearly explain:

• why the applicant does not qualify under a regular immigration program;

• what immigration requirement they are asking IRCC to waive;

• how they have established themselves in Canada;

• who depends on them;

• which children would be affected;

• what hardship would result if the request were refused;

• why returning to another country would be difficult; and

• why the circumstances, considered together, justify special relief.

The applicant should also address their immigration history honestly.

This may include:

• previous visa or immigration refusals;

• periods without legal status;

• unauthorized work or study;

• previous refugee proceedings;

• removal orders;

• criminal charges or convictions; and

• previous allegations of misrepresentation.

Failing to disclose important information may seriously affect the application.

What Happens After an H&C Application Is Submitted?

IRCC reviews the forms, supporting documents and written submissions.

The officer first considers whether the humanitarian and compassionate circumstances justify the requested exemption.

If the application receives approval in principle, the applicant must still meet applicable requirements relating to:

• medical examinations;

• criminal background checks;

• security screening; and

• other admissibility matters.

Approval in principle does not mean the person has already become a permanent resident. The application must still pass the remaining stages before a final decision is made.

Applicants must also keep IRCC informed of important changes while the application is being processed. This may include changes involving family members, children, employment, address, medical circumstances or other information relevant to the case.

How Long Does an H&C Application Take?

H&C applications can take a significant amount of time to process.

Processing times may depend on:

• the number of applications IRCC receives;

• the complexity of the case;

• whether documents are missing;

• whether additional information is requested;

• medical, criminality or security screening; and

• the number of permanent resident admissions available under Canada’s immigration plan.

Processing estimates can change and are not guaranteed. Applicants should review IRCC’s current processing-time information rather than relying on an old estimate.

Common Mistakes to Avoid

Common problems in H&C applications include:

• relying only on the amount of time spent in Canada;

• making general claims without supporting evidence;

• failing to explain how children will be affected;

• submitting reference letters that provide little detail;

• providing documents without explaining their importance;

• ignoring negative parts of the immigration history;

• using outdated information;

• failing to update IRCC when circumstances change; and

• assuming that submitting an application will stop removal or provide legal status.

A clear and well-supported application should explain the full story while connecting each important statement to reliable evidence.

Every H&C Case Is Different

There is no fixed checklist of circumstances that guarantees approval.

Two people who have lived in Canada for the same amount of time may receive different decisions because their family relationships, establishment, hardship, evidence and affected children are different.

IRCC assesses H&C applications case by case. The decision is based on the complete circumstances of the applicant and the quality of the evidence provided.

Get Clear Guidance About Your Situation

At Salvera Immigration, we assist individuals and families with assessing and preparing Humanitarian and Compassionate applications.

Our team can review your:

• immigration history;

• establishment in Canada;

• family relationships;

• personal hardship;

• medical or caregiving circumstances;

• supporting documents; and

• the best interests of any children directly affected.

Where an H&C application is appropriate, we can help organize the evidence and present the applicant’s circumstances clearly and carefully.

Your establishment in Canada, family ties, personal hardship and the best interests of your children are important factors that deserve careful consideration.

Contact Salvera Immigration

Arrange a confidential case review to discuss your circumstances and understand the options that may be available.

Phone: +1 437-295-4477

Email: info@salveraimmigration.ca

Address: 10 Milner Business Court, Suite 503, Toronto, Ontario M1B 3C6

Office Hours: Monday to Friday, 9:30 a.m. to 5:00 p.m