Humanitarian And Compassionate Grounds

Individuals who would generally be ineligible to apply for Canada’s permanent residence can send their applications on humanitarian and compassionate (H&C) grounds. This program enables immigrants to seek special approval to reside in Canada (for humanitarian and empathetic reasons) as they await the processing of their requests for permanent residence. In most cases, H&C acts as the last resort for those who want to live in Canada.

H&C grounds apply to individuals with extraordinary cases. Normally, H&C cases are evaluated on a case-by-case basis. Listed below are some of the factors that can form the basis for an H&C claim:

residency status of the individual in Canada
general family relations to Canada
whether the application is in the best interest of children
what could befall the person if the request will be denied
any exceptional or exclusive situations that might merit justified relief.

Restrictions for the application of H&C include but are not limited to the following:

Requesting for H&C when one has a pending application for refugee status
If the Immigration Refugee Board (IRB) has served the person with a negative decision concerning a refugee claim, that individual is not eligible to request an H&C for a period of 12 months. However, this does NOT hold if:
one has children who rely on them and they are at risk of being adversely affected should the person be expelled from Canada, or
one can prove that they or their dependents have a life-threatening illness that cannot be treated in their country of origin.

Due to the application’s subjective nature, it is vital to study and incorporate case law into the description for the H&C request. This will demonstrate how previous IRB positive decisions may correspond to one’s situations.

If you have pertinent reasons to apply through H&C grounds, we can evaluate your case and aid you through the process.