What Are Humanitarian and Compassionate (H&C) Reasons?
Humanitarian and Compassionate (H&C) reasons are special considerations for individuals seeking permanent residency in Canada who may not qualify through other immigration programs.
This route is intended for exceptional cases, where applicants face serious challenges that justify an exemption from standard immigration requirements. H&C applications are typically based on:
- Hardship: The difficulties or suffering an individual would face if they had to leave Canada, including risks to their safety, health, or well-being.
- Best Interests of a Child: The impact that the applicant’s removal would have on a child, especially if it affects their emotional, social, or physical well-being.
- Establishment in Canada: Demonstrating strong ties to Canada, including family, community involvement, and a history of stable employment.
H&C considerations allow individuals who do not fit into other immigration classes to apply for permanent residency based on their unique circumstances, focusing on the hardship they would endure if forced to leave Canada.
Who Is Eligible for H&C Residency in Canada?
To be eligible for H&C residency in Canada, applicants must:
- Be in Canada and require an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) to apply for permanent residence.
- Provide compelling reasons for why an exemption should be granted based on H&C grounds.
- Not be eligible to apply for permanent residence from within Canada under any existing classes, such as Spouse or Common-Law Partner, Economic Class, Protected Person and Convention Refugees, or Temporary Resident Permit Holder.
Certain individuals are restricted from applying, including:
- Those inadmissible on grounds of security, human or international rights violations, or organized criminality.
- Failed asylum claimants, who must wait 12 months after a negative decision before applying for H&C, unless exceptions apply, such as in cases involving the best interests of a child or significant health risks.
H&C applications are not intended as an alternative to other immigration programs but rather as an exceptional measure for those facing unique and significant challenges.
What Factors Are Considered in H&C Applications?
H&C applications are assessed on a case-by-case basis, considering various factors, including:
Hardship
The extent of hardship an applicant would face if forced to leave Canada is a key consideration. This can include:
- Risks to safety, such as returning to an environment of violence or persecution.
- Economic hardships, including lack of employment opportunities or the risk of living in poverty.
- Inadequate healthcare or lack of access to essential medical treatments.
Best Interests of a Child
If children are involved, their well-being is a primary concern. Factors include:
- The child’s emotional, social, and physical well-being.
- The impact of separation from the applicant or from the stability they have in Canada.
- Any specific needs the child has, such as medical or educational considerations.
Establishment in Canada
Applicants must show they have established significant ties in Canada, such as:
- Length of time spent in Canada.
- Employment history and financial stability.
- Community involvement and contributions to Canadian society.
Health Considerations
Medical issues can be a crucial factor, particularly if necessary treatment is not available in the applicant’s home country. This requires:
- Medical reports and expert opinions detailing the condition.
- Evidence that the healthcare required is not accessible or is substandard in the country of origin.
Family Violence
Applicants who have experienced family violence can present evidence such as:
- Police reports, medical records, or statements from counselors.
- Documentation of the risk and impact of returning to an abusive environment.
What Are the Steps to Submitting an H&C Application?
1. Gathering Evidence
Start by collecting all necessary documents to support your application. This includes:
- Identification documents (e.g., passport, national ID card).
- Proof of establishment in Canada (e.g., employment records, community involvement).
- Medical reports, if applicable.
- Letters from family members, friends, and community leaders.
2. Completing the Application
Fill out the required forms accurately and thoroughly. Clearly indicate the specific exemptions you are requesting and provide detailed explanations for why you believe an exemption should be granted on H&C grounds.
3. Submitting the Application
Submit your complete application to Immigration, Refugees, and Citizenship Canada (IRCC) along with the required fees. Ensure all evidence is well-organized and clearly presented.
4. Awaiting a Decision
Processing times for H&C applications range from 24 to 36 months. During this period, IRCC may request additional information or an interview. You will be notified in writing if your application is approved or refused.
Limits on Humanitarian and Compassionate Consideration
There are specific limitations to H&C applications:
- Inadmissibility: Individuals inadmissible on grounds of security, human or international rights violations, or organized criminality are not eligible for H&C consideration.
- No Appeals for Refugee Decisions: Failed asylum claimants cannot request H&C consideration for 12 months following a final negative decision by the Immigration and Refugee Board (IRB) or the Federal Court, with exceptions for the best interests of a child or significant health risks.
- Not a Substitute for Other Classes: H&C applications are not meant as an alternative to other immigration classes. They should only be used when no other pathways are available and when the applicant faces significant hardship or unique circumstances.
Additionally, H&C applications are only considered from individuals applying for permanent resident status in Canada or for a permanent resident visa abroad; they are not assessed for temporary resident applicants.
How Can I Prove My Establishment in Canada for My H&C Application?
Proving your establishment in Canada is crucial to a successful H&C application. This involves demonstrating:
- Length of Stay: Provide evidence of how long you have been living in Canada, such as rental agreements, utility bills, and official correspondence.
- Employment History: Include job letters, pay stubs, and tax records to show stable employment and financial independence.
- Community Involvement: Submit letters from community organizations, religious groups, or volunteer coordinators that detail your participation and contributions.
- Education and Skills: Provide records of any education or training completed in Canada, including language courses.
- Family Ties: Highlight the presence of family members in Canada and their roles in your life. Include letters from family members describing their relationship with you and how they support you.
- Personal Statements: Write a detailed personal statement explaining your integration into Canadian society, emphasizing your efforts to contribute to the community and your reasons for wanting to stay.
A strong presentation of your establishment in Canada can significantly strengthen your H&C application, showing your commitment to and involvement in Canadian society.
Are you worried about your immigration status in Canada and wondering if you qualify for Humanitarian and Compassionate grounds? Our team is here to guide you through every step of the H&C application process. Contact us today to discuss your situation and explore the best options available for you.
Can Applying for H&C Consideration Delay or Prevent My Deportation From Canada?
Yes, submitting an H&C application can delay deportation while the application is being processed. However, it does not guarantee that deportation will be prevented. It’s essential to seek legal advice to understand your specific situation.
What Constitutes Hardship in the Context of an H&C Application?
Hardship refers to the severe difficulties or suffering an individual would face if required to leave Canada. This can include risks to personal safety, economic hardship, lack of access to medical care, discrimination, or other significant challenges in the applicant’s home country.
Can I Apply for H&C if I Have a Pending Refugee Claim or a Recent IRB Decision?
No, you cannot apply for H&C consideration if you have a pending refugee claim or if it’s within 12 months of a final negative decision by the IRB, unless it involves the best interests of a child or significant health risks.
What Medical Considerations Are Relevant to an H&C Application?
Medical considerations are relevant if returning to the applicant’s home country would result in a lack of necessary treatment or would significantly worsen their health condition. Applicants need to provide medical reports, expert opinions, and evidence that the required treatment is not available or accessible in their home country.
How Can I Effectively Articulate My Case in an H&C Application Without a Personal Interview?
Since H&C applications do not usually involve a personal interview, it’s crucial to present a well-organized, detailed written submission. Include all relevant evidence, clearly articulate your reasons for seeking H&C consideration, and explain how your circumstances justify an exemption.
Can I Have More Than One H&C Application in Process at the Same Time?
No, you can only have one H&C application under consideration at any time. If you submit a new application while another is pending, the new application will not be processed.
How Do I Include Expert Opinion Letters in My H&C Application for My Children?
Expert opinion letters, such as those from psychologists, educators, or child welfare professionals, can be included to demonstrate the impact of the H&C decision on a child. These letters should detail the child’s emotional, social, and educational needs and how they would be affected by the applicant’s removal from Canada.
Can I Still Apply Based on Humanitarian and Compassionate Grounds if I Am Inadmissible to Canada?
Yes, you can apply on H&C grounds even if you are inadmissible to Canada, except for cases involving serious inadmissibility such as security risks, human rights violations, or organized criminality. In such cases, the H&C application can address the inadmissibility and present reasons why an exemption should be granted.
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