Humanitarian & Compassionate (H&C) Applications

• Only if you are living in Canada;

• You are a foreign national currently living in Canada;

• You require an exemption from one (1) or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations to apply for permanent residence within Canada;

• You are ineligible to apply for permanent residence within Canada under any other immigration class, but believe that your circumstances justify Humanitarian & Compassionate considerations for the granting of PR

1. Establishment in Canada
How well the applicant has built their life in Canada.

2. Best Interests of a Child (BIOC)
Any impact the decision may have on the children involved.

3. Hardship if Required to Leave Canada
Difficulties the applicant may face if they are forced to return to their country of origin.

A strong H&C application typically demonstrates multiple humanitarian considerations supported by clear documentary evidence.

Establishment refers to how well an applicant has integrated into Canadian society.

In Ahmad v MCI, the Federal Court noted that an establishment may involve questions such as:

• Does the applicant have a history of stable employment?

• Is there a pattern of responsible financial management?

• Has the applicant been involved in community organizations or volunteer work?

• Has the applicant pursued education, language training, or professional development in Canada?

• Do the applicant and family members have a good civil record in Canada?

• 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. The appropriate course of action will depend on the specific circumstances of the case.

• Because of the complexity of H&C applications, it is important that the application is carefully prepared from the beginning.