Humanitarian & Compassionate (H&C) Applications
A Humanitarian & Compassionate (H&C) application allows certain individuals who do not meet the usual immigration requirements to apply for permanent residence in Canada based on humanitarian considerations. These applications are typically made by individuals who are already in Canada and would face significant hardship if required to leave the country.
Who can apply?
You may be eligible if:
•You are a foreign national currently living in Canada
•You require an exemption from one or more requirements of the IRPA to apply for PR
•You are ineligible under any other immigration class
•You believe your circumstances justify Humanitarian & Compassionate considerations
Factors Considered by Immigration Officers
Establishment in Canada
How well the applicant has integrated into Canadian society (stable employment, financial management, community involvement).
Best Interests of a Child
Any impact the decision may have on the children involved, prioritizing their well-being and development.
Hardship if Required to Leave
Difficulties the applicant may face if they are forced to return to their country of origin (discrimination, lack of medical care, etc).
What happens if refused?
If an H&C application is refused, the decision may have serious immigration consequences, including possible removal from Canada. In certain situations, the decision may be challenged through a judicial review at the Federal Court. Because of the complexity of H&C applications, it is important that the application is carefully prepared from the beginning with strong documentation.
Need Help?
Our firm handles complex immigration matters like Humanitarian & Compassionate (H&C) Applications. Book a consultation today to review your case and determine the most appropriate legal strategy.
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