Understanding Humanitarian and Compassionate (H&C) Applications for Canadian Permanent Residence

Are you looking for a pathway to permanent residence in Canada under exceptional circumstances? Humanitarian and Compassionate (H&C) applications provide a unique immigration option for individuals who do not meet standard requirements but have compelling reasons to stay in Canada. In this guide, we’ll break down the key factors IRCC considers and how to strengthen your H&C application.

What is an H&C Application?

An H&C application is a request for permanent residency (PR) on humanitarian and compassionate grounds. These applications are evaluated on a case-by-case basis by Immigration, Refugees and Citizenship Canada (IRCC). Unlike refugee claims, which focus on persecution or threats in the home country, H&C applications assess personal circumstances, establishment in Canada, and compassionate factors that justify an applicant’s stay.

Key Factors Considered in an H&C Application

IRCC evaluates multiple factors when assessing an H&C application. Each case is unique, and applicants must provide strong supporting evidence to improve their chances of success.

1. Establishment in Canada

An important factor in an H&C application is the degree of establishment in Canada. Applicants who can demonstrate deep social, economic, and cultural ties may have a stronger case. IRCC considers:

• Employment History: Stable jobs and economic contributions to Canada.

• Financial Stability: Paying taxes, managing finances responsibly.

• Education and Training: Completion of educational programs, certifications, or skill development.

• Community Involvement: Volunteering, participation in organizations, or religious groups.

• Length of Residency: A longer stay in Canada can strengthen an application.

• Language Proficiency: English or French skills indicating integration into society.

2. Family Relationships in Canada

Family is a top priority in H&C applications. If you have close family members in Canada, such as a spouse, children, or dependent relatives who are citizens or PR holders, IRCC considers:

• The nature and strength of family bonds

• The emotional and psychological impact of separation

• Responsibilities as a caregiver

If separation from loved ones would cause undue hardship, it strengthens the case for permanent residency.

3. Best Interests of Any Children Involved

When considering whether humanitarian and compassionate (H&C) grounds justify an exemption from standard Canadian immigration requirements, visa officers must be sensitive and attentive to the best interests of any affected children. This responsibility was emphasized in the landmark Supreme Court decision Baker v. Canada, which established the principle that the best interests of the child must be considered in H&C exemption requests. In Kanthasamy v. Canada, the Supreme Court reinforced the need for officers to not only state that the child’s best interests have been considered but to define and analyze those interests with great attention to detail. However, while the best interests of the child are an important factor, they are not determinative

Officers should consider when analyzing the best interests of the child:

• The age of the child;

• The level of dependency between the child and the H&C applicant or the child and their sponsor;

• The degree of the child’s dependency in Canada;

• The child’s links to the country in relation to which the H&C assessment is being considered;

• The conditions of that country and the potential impact on the child;

• Medical issues or special needs the child may have;

• The impact to the child’s education; and

• Matters related to the child’s gender.

IRCC prioritizes the well-being of children, and strong evidence in this area can make a compelling case.

4. Hardship Assessment

IRCC also evaluates the level of hardship an applicant would face if removed from Canada. Common hardship factors include:

• Lack of access to necessary medical treatment in the home country.

• Discrimination or social exclusion based on gender, religion, or other characteristics.

• Severe economic hardship that would negatively impact the applicant’s quality of life.

• Political or social instability that could pose a risk to safety.

While hardship alone is not enough to warrant approval, compelling evidence of extreme difficulties strengthens an application.

5. Health Considerations

If an applicant has serious health conditions and cannot access appropriate medical care in their home country, this can be a compelling factor in an H&C application.

6. Consequences of Separation from Relatives

IRCC considers the emotional, psychological, and financial impact of separating applicants from their families in Canada.

7. Inability to Leave Canada Leading to Establishment

Applicants who have remained in Canada involuntarily and have since built significant ties may be able to argue that their establishment justifies PR approval.

How to Strengthen Your H&C Application

To improve your chances of IRCC approval, follow these steps:

✅ Gather Strong Supporting Documents: Employment records, tax payments, community involvement proof, and letters from family and employers.

✅ Provide a Well-Written Personal Statement: Clearly explain why you cannot return to your home country and highlight your contributions to Canadian society.

✅ Include Testimonies from Community Members: Letters from employers, religious leaders, teachers, and social workers can support your case.

✅ Demonstrate Long-Term Establishment: The longer and stronger your presence in Canada, the better.

Conclusion

Humanitarian and Compassionate applications provide a critical pathway to permanent residency for individuals facing exceptional hardship. By demonstrating strong establishment, family ties, and compelling humanitarian factors, applicants can present a persuasive case for staying in Canada.

Need Help? Contact an immigration professional to discuss your case and improve your chances of success!

About the Author: Lauren Shannan is a Senior Immigration Consultant with 10 years of experience helping foreign nationals navigate their journey in Canada. With her extensive knowledge of immigration processes and policies, Lauren provides valuable insights to those looking to make Canada their new home.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice, please consult with a licensed immigration professional.