Humanitarian and Compassionate Considerations Applications

Humanitarian and Compassionate (H&C) Considerations applications provide individuals who wouldn’t normally qualify under the Immigration and Refugee Protection Act (IRPA) a potential route to obtain permanent resident status in Canada. These applications are specifically for individuals who can demonstrate that exceptional conditions apply which would justify granting the exemption.

The goal of an H&C application is to balance the enforcement of immigration laws with compassion for exceptional cases, and it takes into account the best interests of any children directly affected by the decision.

Requirements

To apply for permanent residence under H&C grounds, applicants must be living in Canada and must demonstrate that:

• They would experience unusual and undeserved or disproportionate hardship if they had to leave Canada.
• There are compelling reasons for granting the request even if they have been in Canada for a short time or they have a removal order.

Please note, individuals cannot have more than one H&C application at the same time and individuals with pending refugee claims or failed refugee claimants are barred from applying within one year of the Refugee Board’s decision, unless they can demonstrate risk to life due to lack of health-care coverage, the best interest of a child directly affected, or other conditions.

Application Process

• Gather your documents: You need to provide evidence supporting your claims about the hardship you would face if you had to leave Canada. This can include letters of support, medical reports, or any other documents you think would be helpful.
• Complete the application forms: You’ll need to fill out several forms about your background, family history, and the reasons you’re applying for H&C consideration. You should be honest and provide as much detail as possible.
• Pay the fees and submit your application: There are processing fees involved with H&C applications, which must be paid when you submit your application. The completed application and supporting documents should be mailed to the appropriate office.
• Wait for a decision: It can take several months or even years to get a decision on an H&C application. In this time, you must maintain your legal status in Canada. If your application is approved, you’ll be granted permanent resident status. If your application is refused, you can’t appeal the decision, but you can apply for a judicial review.

At Pathway2Canada, we understand that every person’s story is unique, and every H&C case requires a tailored approach. Our team of experts is well-equipped to help you build a compelling case, assisting you in the gathering of relevant documents and guiding you through the intricate process. We understand the gravity of these applications and are dedicated to providing sensitive and thorough assistance. In times of exceptional circumstances, you can count on Pathway2Canada to stand with you.