Humanitarian and Compassionate

Applications for Humanitarian and Compassionate (HC) are based on section 25 under the Immigration and Refugee Protection Act (IRPA). Anyhow, the eligibility to apply under this section has been changing from the past few years. To become Canada immigration permanent residents, the applicants must show that they would face unusual, unhealthy situations when they have to leave Canada.

The applicant’s information will be assessed based on the information provided in the application. The applicant’s personal situation and complications are analyzed whether these can get consideration from the H&C. The approval of such applications is less often in very special circumstances and it might take years to get the application processed. The guarantee of application getting accepted is very less, in a few cases, it is advised for the applicants to request the Federal Court to review their decision.

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Applications for Humanitarian and Compassionate (HC) FAQ

Frequently Asked Questions

What is a Humanitarian and Compassionate (H&C) application?

A Humanitarian and Compassionate (H&C) application lets some people ask the Canadian government to allow them to stay in Canada because of special or compassionate reasons, even if they do not qualify under other immigration programs.

Who can apply for H&C consideration?

People who are already in Canada and have exceptional personal circumstances may be able to apply. Each case is reviewed based on its own facts.

What reasons are considered in an H&C application?

Immigration officers may consider factors such as how long you have lived in Canada, your family ties in Canada, the best interests of any children involved, hardship you may face if you leave Canada, and your establishment in Canada.

Can I apply for H&C if I have no legal status in Canada?

In some cases, yes. People without valid immigration status may still be eligible to submit an H&C application, depending on their circumstances.

How long does an H&C application take?

Processing times vary depending on the complexity of the case and the number of applications being processed. It can take many months or longer.

Does an H&C application guarantee permanent residence?

No. Every application is assessed individually. Approval is not guaranteed, and the decision depends on the evidence provided.

Can I work while my H&C application is being processed?

Some applicants may be eligible to apply for a work permit if they meet the requirements. Eligibility depends on their individual situation.

What documents should I include with my H&C application?

You should include documents that support your case, such as identity documents, proof of living in Canada, employment or education records, medical documents if relevant, and letters of support from family, employers, or community members.

Can an immigration lawyer help with an H&C application?

Yes. An immigration lawyer can help prepare your application, organize supporting evidence, and explain the legal process to improve the quality of your submission.

What happens if my H&C application is refused?

If your application is refused, you may have other legal options depending on your circumstances. It is important to speak with an immigration lawyer as soon as possible to understand your next steps.