Humanitarian and Compassionate Application (H&C)
Canada’s H&C pathway provides a route for individuals facing exceptional circumstances, like medical issues or family separation. It prioritizes the best interests of children and considers factors related to become Permanent Resident in Canada. This pathway offers a chance for permanent residence to those ineligible under standard visa criteria, reserved for individuals without other viable options.
Categories Suitable for H&C Applications
- Individuals with significant establishment in Canada, having lived there for an extended period.
- Those excluded from family class due to sponsor issues or facing criminal or medical problems.
- De facto family members without legal status.
Eligibility Requirements for H&C Application
- Apply within Canada for permanent resident status.
- One H&C application at a time.
- You are ineligible to apply for permanent residence from within Canada under any of the following classes
- – Spouse or Common-Law Partner;
- – Live-in Caregiver;
- – Caregivers: caring for children or people with high medical needs;
- – Protected Person and Convention Refugees; and
- – Temporary Resident Permit Holder.
Who may not use this Application?
The following individuals may not use this application:
- Canadian Citizens and Permanent Residents.
- Alrady submitted H&C application for which a decision has not been made.
- An outstanding refugee claim is there.
- Become a designated foreign national with in the last 5 years, or
- They made a refugee claim at RPD or an appeal to their refugee claim at RAD of the IRB, or made an application for a Pre-Removal Risk Assessment. They may not apply for at least 5 years after the date of decision on that application or appeal. 12-Month Bar : In addition they may not apply if they had a refugee claim that was rejected or abandoned within the last 12 months either RPD or RAD of the IRB, or withdrew a refugee claim within the last 12 months, unless the claim was withdrawn before their hearing at the IRB.
Exceptions to the 12-Month Bar: There are exceptions to the 12-month bar:
- If there is sufficient credible and objective evidence that the individual or a failed refugee claimant included in their application would face a risk to life due to inadequate health or medical care in their home country or former habitual residence (if they do not have a nationality).
- Individuals deemed inadmissible due to security concerns, human or international rights violations, and organized criminality are not eligible.
- If there is sufficient credible and objective evidence that removing the individual from Canada would directly and adversely affect children under 18 years of age.
Factors Considered in H&C Applications
- Criteria include establishment in Canada, strong ties to Canadian society, potential undue hardship upon removal, and benefits to children.
- Assessment of hardship encompasses social, economic, health, and personal factors.
- Evaluation of the individual’s integration into Canadian society, including employment history and community involvement.
- Priority given to the well-being, health, and education of affected children.
H&C Applications for Deportation Cases
- Often a last resort for individuals facing deportation or removal.
- Application process continues even if the individual is deported, with voluntary departure potentially viewed more favorably.
- Success depends on presenting compelling circumstances and meeting admissibility requirements upon potential return.
Evidence for Successful Applications
- Detailed narrative outlining circumstances, contributions to Canadian society, and adverse consequences of removal.
- Expert opinions, such as assessments from medical professionals or evidence of adverse conditions in the country of origin.
- Letters of support from community organizations or public figures illustrating integration and contribution.
- Evidence demonstrating divergence from normal legal frameworks, justifying exemption.
Maintaining Legal Status During H&C Processing
- H&C application does not prevent the issuance of a removal order.
- Applicants must maintain valid work permits, study permits, or visitor visas during processing.
FAQs
What's the primary objective behind H&C consideration?
The primary goal of H&C discretion is to provide flexibility in approving cases falling outside existing legislation. It allows deserving individuals who made Canada their home to apply for permanent residency when they do not qualify under other programs.
Can individuals with a pending refugee claim apply for H&C status?
No, H&C applications cannot be submitted while a refugee claim is pending. The refugee claim must be withdrawn before applying under H&C grounds, or recent designation as a foreign national within the last five years are generally ineligible.
Can an applicant leave Canada during the processing of an H&C application?
It is generally advised for the applicant to remain in Canada during processing to avoid implications for the application.
What happens if an H&C application is refused, and what options are available?
Implications may include loss of legal status and potential departure. There is an option to appeal to the Federal Court, and exploring alternative immigration pathways is advised.
Can statelessness be invoked as a ground for H&C consideration?
Yes, statelessness can be considered under H&C grounds, although obtaining documentation proving statelessness may be challenging.
Is filing multiple H&C applications simultaneously allowed?
No, filing multiple H&C applications at the same time is not permitted.
Can individuals appeal the refusal of their H&C application to the Federal Court?
Yes, individuals can appeal to the Federal Court within 15 days with strong legal arguments.
Can individuals with a refused H&C application explore alternative immigration options?
Yes, exploring other permanent residency programs, work permits, study permits, or consulting with immigration professionals can provide guidance.
Can an H&C Application Prevent Removal from Canada?
No, applying for an H&C application would not prevent removal. While it makes sense to seek permanent residence on compassionate grounds, the application itself does not halt potential removal steps by CBSA.
Can I Bring Overseas Family Through an H&C Application?
Generally, yes. If forms are correctly filled out, sponsoring immediate family like children is possible later with the guidance of an immigration lawyer.
How Long Does the Application Processing Take?
Processing typically takes 18 to 24 months, sometimes longer. It's advisable for applicants to remain in Canada during processing, as leaving might complicate the procedure. Interviews, if needed, are conducted at the nearest CIC office.
What Happens When an H & C Application Is Accepted?
Upon acceptance, applicants undergo immigration medical exams and police clearances. Once these are completed, they can collect their Canadian Permanent Residence Card (PR Card).
Can I Renew My PR Card Based on H+C Grounds?
Yes, PR cards can be renewed under H&C grounds. Details about renewing a Canadian Permanent Resident Card on compassionate and humanitarian grounds can be obtained.
What responsibilities do applicants shoulder in H&C applications?
Applicants are responsible for accurately outlining all relevant H&C factors and explaining why they should be granted permanent residency. They must also demonstrate their ability to support themselves in Canada.
Can a previous unfavorable H&C decision be reconsidered?
Yes, a previous H&C decision may be reconsidered if the applicant provides new evidence or circumstances warranting a review of the case.
What steps should I take to apply under H&C consideration?
Applicants must demonstrate compelling reasons for remaining in Canada, such as establishment, family ties, best interests of children, or hardship if returned to the home country. Each case is evaluated based on its unique circumstances.
Can inadmissibility be waived under H&C assessment?
Decision-makers may grant exemptions from inadmissibility based on sufficient humanitarian and compassionate considerations presented in the application.
Is the “best interest of children” principle limited to parent-child relationships?
No, the principle extends to any child directly affected by the decision, regardless of the specific relationship with the applicant.
Can individuals not categorized as immediate family members be considered for H&C considerations?
Yes, individuals with dependent relationships, such as de facto family members, may be considered for H&C exemptions based on their circumstances.
Can I apply for H&C consideration if my refugee application was rejected within the last year?
Generally, applicants whose refugee claims were rejected within the last year cannot apply under H&C grounds, unless specific exemptions apply, such as having children under 18 or facing life-threatening medical conditions.
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