H&C Considerations
Humanitarian and Compassionate Considerations
An H&C application allows individuals facing exceptional circumstances to apply for permanent residency in Canada based on humanitarian or compassionate grounds. Anyone in Canada who cannot apply through other immigration programs and faces hardship if forced to leave Canada may be eligible for an H&C application.
Who Can Apply
- Individuals with inadmissibility (e.g., due to overstaying a visa, unauthorized work, etc.) may still apply unless barred for specific reasons.
- Persons without status, including those who have failed a refugee claim, can be eligible under certain conditions.
General Eligibility
- Living in Canada
- Applicants must typically reside in Canada when submitting their H&C application.
- Exceptional Circumstances
- Applicants must demonstrate compelling reasons or hardship that justify their request for permanent residence on humanitarian and compassionate grounds. Examples include:
- Adverse conditions in your home country.
- Strong establishment in Canada (e.g., employment, community ties).
- Impact on children’s best interests.
- Applicants must demonstrate compelling reasons or hardship that justify their request for permanent residence on humanitarian and compassionate grounds. Examples include:
- Not Eligible for Other Immigration Programs
- Applicants should explore other pathways to permanent residence before considering an H&C application.
Examples of Exceptional Circumstances for an H&C Application:
Deep Establishment in Canada: You’ve lived in Canada for a long time—established a career, formed friendships, and has made significant contributions to the community.
Best Interests of Children: If you have children involved, and their removal to another country would greatly impact their well-being, education and development.
Adverse Conditions in Your Home Country: If returning home means facing conflict, violence, or discrimination and there is a genuine need for you to stay in Canada where it’s safer and more stable.
Health Concerns: Perhaps you have a medical condition that requires ongoing treatment, which isn’t available or is prohibitively expensive back home.
Old Age and Isolation: If you are elderly and alone, returning to your home country could mean facing severe isolation and lack of care.
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Frequently Asked Questions
Can I apply for an H&C application if I have been refused refugee status?
Yes, but if your refugee claim was denied, you may need to wait 12 months before submitting an H&C application
How long does it take to process an H&C application?
Processing times for H&C applications can vary widely, typically taking 18 to 24 months or more. Delays may occur due to the complexity of individual cases and the volume of applications.
Can I work or study while my H&C application is in process?
An H&C application itself does not grant you the right to work or study.
Can I apply for an H&C application if I am outside of Canada?
H&C applications are meant for individuals already in Canada.
Does an H&C application protect me from deportation?
An H&C application does not automatically stop deportation proceedings. However, if accepted, it may provide a pathway to permanent residency, potentially allowing you to remain in Canada.
Can I submit additional documents after applying for an H&C application?
Yes, you can submit additional documents to support your H&C application after it has been filed. Providing updated information, such as medical records or evidence of hardship, can strengthen your case. It’s essential to submit relevant documents promptly to ensure they are considered.
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