Humanitarian & Companionate (H&C)
Applicants who are not eligible to apply for permanent residence under the regular requirements may be able to apply on Humanitarian and Compassionate (“H&C”) grounds.
By satisfying the Immigration, Refugees and Citizenship Canada (IRCC) that there are significant hardships and other compelling factors, including those involving the interests of a minor child, that warrant an exemption from the usual requirements to obtain permanent residence in Canada, the applicants may overcome their lack of eligibility and be allowed in Canada on a permanent basis.
Some of the factors that can be used to support Humanitarian and Compassionate grounds are:
- Degree of establishment in Canada;
- Ties to Canada, including extended family members;
- The best interests of any child involved; and
- The hardships or dangers that the applicant will face should the application be denied.
H&C applications can be accessed by those who are currently in Canada without status, and can be used to overcome certain inadmissibility issues, including medical inadmissibility, that would normally deem a person ineligible for permanent residence in Canada.
IRCC does not assess risk factors such as persecution, cruel and unusual punishment or risk to life, though any associated hardships to be faced upon refusal of the application may be considered.
If you have a pending refugee claim in Canada, or have had a negative decision from the Immigration and Refugee Board within the last twelve (12) months, you will not yet be eligible to make permanent residence application based on H&C considerations. The twelve (12) month bar does not, however, apply if an applicant has a child under the age of 18 who will be seriously affected if they were to be removed from Canada.
If you do not meet the eligibility requirements for permanent residence in Canada but believe that there are outstanding circumstances that may warrant an exception, then you may be eligible to apply for permanent residence under H&C grounds. Call or email us today to book a consultation!
Start your initial consultation by filling out the Assessment Form. We will get back to you shortly with availability for your appointment.