Humanitarian and Compassionate Grounds
The Humanitarian and Compassionate (H&C) application provides a pathway to permanent residence for individuals facing exceptional circumstances that warrant special consideration.
Program Overview
Humanitarian and Compassionate (H&C) considerations allow individuals who would not normally qualify for permanent residence to apply based on exceptional circumstances. This discretionary program recognizes that some situations warrant special consideration due to humanitarian or compassionate factors.
Family Ties
Strong family connections and relationships in Canada
Hardship
Exceptional hardship if required to leave Canada
Best Interests
Best interests of children directly affected
Key H&C Factors
Establishment in Canada
The degree to which you have become established in Canada, including:
- • Length of residence in Canada
- • Community ties and social connections
- • Employment history and economic integration
- • Property ownership or long-term commitments
- • Volunteer work and community involvement
Family Ties to Canada
The nature and strength of family relationships in Canada:
- • Spouse, children, or other family members who are Canadian citizens or permanent residents
- • Dependency relationships and caregiving responsibilities
- • Emotional and financial support systems
- • Impact of separation on family unity
Best Interests of Children
Special consideration for children directly affected by the decision:
- • Age and maturity of the child
- • Educational and social ties in Canada
- • Physical and emotional well-being
- • Impact of separation from family or community
- • Conditions in the country of origin
Hardship
Unusual, undeserved, or disproportionate hardship if required to leave Canada:
- • Medical conditions requiring specialized treatment
- • Persecution or discrimination in home country
- • Economic hardship or lack of opportunities
- • Social or cultural barriers to reintegration
- • Safety and security concerns
Eligibility and Requirements
You must be physically present in Canada when you apply (with limited exceptions).
Your situation must involve factors that warrant special consideration beyond normal immigration requirements.
You must meet health and security requirements and not be inadmissible to Canada.
You should demonstrate that no other immigration program is available to you.
Required Documentation
Personal Documents
- • Valid passport or travel document
- • Birth certificate and identity documents
- • Marriage certificate (if applicable)
- • Children's birth certificates
- • Police certificates from all countries lived in
Supporting Evidence
- • Medical reports and treatment records
- • Employment records and tax documents
- • School records for children
- • Community involvement documentation
- • Letters of support from family and community
Application Process
- Assess your situation: Determine if you have compelling H&C factors that warrant special consideration.
- Gather comprehensive evidence: Collect detailed documentation supporting all H&C factors in your case.
- Prepare detailed submissions: Write comprehensive explanations of your circumstances and why they warrant H&C consideration.
- Complete application forms: Fill out all required forms accurately and completely.
- Submit application: Send your complete application package to the appropriate IRCC office.
- Await decision: Processing times are lengthy, and you may be asked for additional information.
Important Considerations
- • H&C applications are discretionary and have no guaranteed outcome
- • The threshold for approval is high - circumstances must be truly exceptional
- • Processing times are very lengthy (often 2-4 years or more)
- • You may remain in Canada while your application is processed
- • Legal representation is highly recommended due to complexity
- • Negative decisions can be appealed to Federal Court
Factors That May Negatively Impact Your Case
- • Criminal history or security concerns
- • Previous immigration violations or misrepresentation
- • Failure to leave Canada when required
- • Availability of other immigration options
- • Lack of compelling evidence supporting H&C factors
Humanitarian and Compassionate applications represent a last resort for individuals facing exceptional circumstances. While the approval rate is relatively low, successful cases often involve compelling evidence of establishment, family ties, and hardship that would result from removal from Canada. Professional legal assistance is crucial for presenting the strongest possible case.
How We Can Help
Comprehensive case assessment and strategy development
Evidence gathering and documentation preparation
Legal submissions and application preparation
Processing Times
H&C applications have very lengthy processing times due to their complex nature.
Application Fees
Success Rate
Our overall H&C approval rate (requires exceptional circumstances)
Facing Exceptional Circumstances?
Our experienced team can assess your situation and help determine if you have grounds for a Humanitarian and Compassionate application.