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Humanitarian and Compassionate (H&C) applications are special immigration requests made to the Canadian government for those who are otherwise ineligible for permanent residency. These applications are primarily for individuals who are facing extraordinary hardships or difficult circumstances that warrant special consideration. While H&C applications are rare and not guaranteed, they offer a pathway to permanent residency for individuals who have compelling reasons to stay in Canada.
For many, an H&C application is the last hope for remaining in Canada. These applications provide a means of relief for individuals who might be facing deportation or other legal challenges but have developed deep ties to the country. This includes family relationships, employment, or contributions to the community, making it crucial to present a strong, well-documented case.
An H&C application can be submitted by:
applications are not for individuals applying for refugee status, temporary visas, or asylum.
To ensure success in an H&C application, it’s essential to demonstrate:
Applicants must show that they would face unusual, undeserved, or disproportionate hardships if required to return to their country of origin. Hardships could include lack of medical care, severe political unrest, or personal safety threats.
The strength of your ties to Canada is crucial in an H&C application. This includes relationships with family members, community involvement, employment, and integration into Canadian society.
The Immigration, Refugees, and Citizenship Canada (IRCC) heavily weighs the best interests of any children involved in the application. If a child is a Canadian citizen or permanent resident, their best interests must be considered, especially if the decision impacts their education, well-being, or access to healthcare.
Applicants who have contributed positively to Canadian society, through employment, volunteer work, or other means, can strengthen their application. Demonstrating that you are a valued member of your community can be a critical factor in obtaining approval.
If returning to your home country puts your health at risk due to inadequate medical care, this can be a significant factor. For instance, if you’re receiving life-saving treatment in Canada that is unavailable in your home country, this may justify approval of your H&C application.
H&C applications are submitted through the IRCC and are considered on a case-by-case basis. The process involves:
It’s highly recommended that you seek legal advice or consult an immigration professional when submitting an H&C application, as these cases are complex and require detailed documentation.
At [Parto Hojjjati], we have extensive experience in handling complex H&C applications. Our team of immigration experts will work closely with you to build a strong case that highlights your unique circumstances. We understand the critical nature of these applications and are committed to guiding you every step of the way.
The success of an H&C application depends on the strength of your case. Factors like strong ties to Canada, the best interests of any children involved, and the severity of hardships in your home country will influence the outcome. While there is no guarantee, a well-prepared application can significantly improve your chances.
No, you cannot submit an H&C application if your refugee claim is still under consideration. However, if your refugee claim is denied, you may be eligible to apply under H&C grounds.
H&C applications can take several months to over a year for processing. The complexity of your case and the backlog at the IRCC will affect the timeline. While waiting, you may remain in Canada but without official status.
If your application is denied, you may be subject to removal from Canada. However, you can appeal the decision or seek judicial review in Federal Court if you believe your case was not properly considered.
Yes, you can include your spouse and dependent children in your H&C application. It’s important to provide supporting documents for each family member to strengthen the overall case.