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Humanitarian and Compassionate

Humanitarian and Compassionate Grounds Applications

Humanitarian and Compassionate (H&C) grounds is for those people who would otherwise not normally be eligible to become permanent residents of Canada through other means. H&C grounds apply to people with exceptional cases such as a significant danger or hardships. IRCC assess these applications on a case-by-case basis and includes factors such as:

  • How settled the person is in Canada.
  • General family ties to Canada.
  • The best interests of any children involved.
  • What could happen to you if your case is not accepted.

Applying for H&C consideration is an exceptional measure, it should not be considered as another route of applying for permanent residency in Canada. You should have solid grounds and enough evidence to prove your claim and eligibility to apply under H&C grounds.

You can apply for permanent residence from within Canada on H&C grounds if you:

  • Are a foreign national currently living in Canada.
  • Need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations to apply for permanent residence within Canada.
  • Believe H&C considerations justify granting the exemption.
  • Are ineligible to apply for permanent residence from within Canada through other options for getting permanent residency.

The H&C applications will be assessed based on the information applicant has provided, a decision will be made after IRCC asses the applicant’s personal circumstances and if these circumstances merit H&C consideration and guidelines. If your application gets accepted, you will be notified by IRCC with the next steps you need to take. However, if your application is refused within the last 12 months, you can’t apply for permanent residency under H&C grounds. There are some exceptions to this requirement, involving your children or life-threatening medical conditions.

On the contrary, if you are seeking protection for any of the following reasons:

  • Persecution for reasons of ethnicity, religion, political opinion or association with a particular religious or social group.
  • Danger of torture.
  • Life risk or cruel and unusual treatment or punishment.

Then you should look for options under Refugee protection program.

H&C applications can be one of the most challenging applications for a lawyer to prepare for a client but if done properly it can also be one of the most rewarding. To find out more information or to review your particular situation, contact our office today!