Humanitarian and Compassionate Applications also known as H&C are Canadian permanent residence applications that are filed within Canada. They are for people who do not have legal status in Canada but who have still made Canada their home. If you are someone, or you know someone, who is living in Canada without the proper paperwork, there still are options! You may be able to qualify for an H & C and obtain Canadian permanent residence status.
Who Qualifies for Humanitarian and Compassionate applications?
Applicants can use the H&C application to receive Canadian PR on humanitarian and compassionate 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 in order to apply for Canadian PR
believe humanitarian and compassionate considerations justify granting the exemption(s) you need
are not eligible to apply for permanent residence from within Canada in any of these classes:
Spouse or Common-Law Partner
Live-in Caregiver
Caregivers: caring for children or people with high medical needs
Protected Person and Convention Refugees
Temporary Resident Permit Holder
You are NOT able to apply for Canada PR under H&C if you:
are a Canadian citizen
a permanent resident
have submitted an H&C application for which a decision has not been made
have an outstanding refugee claim
became a designated foreign national within the last 5 years
NOTE: This is not the program for those looking to seek protection. If you are seeking protection to avoid persecution, danger, or unethical punishment, you will want to learn more about becoming a refugee in Canada
How a Humanitarian and Compassionate Candidate is Assessed
A good candidate for an H&C application would be someone who has resided in Canada for a number of years and who has some of the factors listed above. Oftentimes, applicants do not qualify for other Canadian permanent residence categories such as the Federal Skilled Worker Program where applicants are assessed on their English skills or education or work experience. A typical applicant may be a laborer with little education but has managed to support him or herself in Canada. A few situations that have allowed individuals to successfully apply for H&C status include:
Inability to travel back to Canada due to travel restrictions (such as due to covid-19)
Applicant’s illness or incapacitation while traveling outside Canada
Illness, incapacitation, or death of a family member who lives outside Canada
Court, tribunal, or other legal proceedings outside Canada pertaining to the applicant
Financial proceedings outside Canada pertaining to the applicant
Best interest of a child
Best Interest of the Child in Humanitarian and Compassionate applications
Officers reviewing an application to renew PR cards on humanitarian and compassionate grounds have to take into account the best interests of any child who will be directly affected by the outcome of the application. This consideration includes children living both inside and outside Canada, regardless of their citizenship or another status. Aspects of how the application relates to the child or children in question include:
the child’s relationship to the applicant
the child’s age
the child’s degree of dependence on the applicant
medical issues or special needs the child may have
impact on the child’s application
PR Renewal with H & C applications
It is possible to renew your PR Card on H&C grounds when your status is expired. When seeking to renew your PR Card you will be assessed to be sure you still fall under and qualify for this category!
Hardship in Home Country in Humanitarian and Compassionate applications
A major component of H & C cases is the potential suffering of undue hardship if you are required to return to your home country. It is important to explore an applicant’s background in terms of the social, economic, or personal hardship they or their family would be subject to in their home country. Note that the applicant for Humanitarian and Compassionate cases does not have to be subject to persecution. H & C cases are not Refugee cases. However, without showing hardship, it may be difficult to succeed in your application for Canadian permanent residence under the Humanitarian and Compassionate Category.
Top 5 Most Common FAQs about Humanitarian and Compassionate Applications
What Is The Procedure for H & C Applications?
The completion of application forms, and supporting documentation showing the factors above are necessary for a good H & C application. Once the application package is complete and the government processing fee is collected, the application can be submitted. The application package should have a very detailed submission letter outlining all the Humanitarian and Compassionate factors of the applicant and should explain why the immigration officer assessing the case should approve the application. Note that H & C cases are discretionary, that is, the immigration officer assessing the case can refuse or approve the case based on their own assessment. Therefore it is extremely important to prepare a very strong submission letter and collect persuasive supporting documentation in support of the Humanitarian and Compassionate Application.
How Long Does The Application Take To Process?
Applications can take around 18-24 months to process, but sometimes longer depending on the case. During the application process, the applicant remains in Canada to await a decision. It is not recommended that the applicant travels outside of Canada during the H & C process. An interview may be required, as well as a request for additional documentation. Interviews will be conducted at their local CIC office.
What Happens If My Humanitarian and Compassionate Application Is Approved?
If your Humanitarian and Compassionate application is approved, you will be asked to undergo immigration medical exams and obtain police clearances. Once the medicals and police clearances are passed, you will be called in to pick up your Canadian Permanent Residence Card (PR Card).
What Happens If My H & C Application is Refused?
If your Humanitarian and Compassionate application is refused, then it is essential to act fast! You have only 15 days to appeal the refusal to the Federal Court of Canada. Appealing to the Federal Court involves showing the judge that the immigration officer who refused your case made some errors in law and/or fact. This is not an easy job. However, success is indeed possible. Immigration officers do make mistakes!
Can I Renew PR Card on H & C Grounds?
Yes! You can renew your Canada PR card through Humanitarian and Compassionate Grounds.
Why Seeking Professional Immigration Help is Essential
Being approved for a Humanitarian and Compassionate application is far from easy. Immigration officers do not readily approve them unless the applicant demonstrates hardship in their home country and that they have established themselves in Canada. Making a strong and compelling case is essential for a successful outcome.
Our law firm has been handling Humanitarian and Compassionate applications for over 15 years. We take a very aggressive approach to these cases, making sure your application stands out! Let our experienced immigration lawyers handle your H & C case so you do not have to live “underground” in fear any longer.
Why Hire Us to Help with Your Humanitarian and Compassionate Application?
If you are out of status or illegal in Canada, there are options! The procedures for applying for H & C cases are not exactly straightforward, and applicants that choose to apply without seeking any help from an immigration lawyer are often met with avoidable challenges. When it comes to Humanitarian and Compassionate applications, risking deportation is the reality. This is why relying on a legal team who specializes in H & C cases will provide you with your best shot at staying in Canada and becoming a legal resident. We have helped thousands of individuals to successfully immigrate to Canada through Humanitarian and Compassionate applications. Chugo Immigration is experienced and will be able to assess your case and recommend a course of action to best serve your needs.
Optimize your chances of success!
What are your options for Canadian Immigration? You can consider any of the following pathways to Canadian Immigration:
Chugo Immigration Service is authorized to offer Canadian Immigration and Citizenship services under the Immigration and Refugee Protection Act. The Principal Consultant, Pius Chukwuma Ekwulugo RCIC, is a member in good standing of the College of Immigration and Citizenship Consultants (CICC) and has helped many foreigners to start a new life in Canada. We will help you too!
For effective and diligent legal help regarding Canadian Immigration matters, we partner with Weekes Law Office.
WHAT DO I DO NEXT?
Are you looking for an immigration pathway to Canada? If you do not know where to look and how to start, we invite you to book an eligibility consultation with us. We will prepare an individualized assessment report for you and guide you on your immigration journey to Canada.
We advise you to complete the assessment questionnaire now in order to properly plan your application.
Humanitarian and Compassionate Applications
Humanitarian and Compassionate Applications also known as H&C are Canadian permanent residence applications that are filed within Canada. They are for people who do not have legal status in Canada but who have still made Canada their home. If you are someone, or you know someone, who is living in Canada without the proper paperwork, there still are options! You may be able to qualify for an H & C and obtain Canadian permanent residence status.
Who Qualifies for Humanitarian and Compassionate applications?
Applicants can use the H&C application to receive Canadian PR on humanitarian and compassionate grounds if you:
You are NOT able to apply for Canada PR under H&C if you:
NOTE: This is not the program for those looking to seek protection. If you are seeking protection to avoid persecution, danger, or unethical punishment, you will want to learn more about becoming a refugee in Canada
How a Humanitarian and Compassionate Candidate is Assessed
A good candidate for an H&C application would be someone who has resided in Canada for a number of years and who has some of the factors listed above. Oftentimes, applicants do not qualify for other Canadian permanent residence categories such as the Federal Skilled Worker Program where applicants are assessed on their English skills or education or work experience. A typical applicant may be a laborer with little education but has managed to support him or herself in Canada. A few situations that have allowed individuals to successfully apply for H&C status include:
Best Interest of the Child in Humanitarian and Compassionate applications
Officers reviewing an application to renew PR cards on humanitarian and compassionate grounds have to take into account the best interests of any child who will be directly affected by the outcome of the application. This consideration includes children living both inside and outside Canada, regardless of their citizenship or another status. Aspects of how the application relates to the child or children in question include:
PR Renewal with H & C applications
It is possible to renew your PR Card on H&C grounds when your status is expired. When seeking to renew your PR Card you will be assessed to be sure you still fall under and qualify for this category!
Hardship in Home Country in Humanitarian and Compassionate applications
A major component of H & C cases is the potential suffering of undue hardship if you are required to return to your home country. It is important to explore an applicant’s background in terms of the social, economic, or personal hardship they or their family would be subject to in their home country. Note that the applicant for Humanitarian and Compassionate cases does not have to be subject to persecution. H & C cases are not Refugee cases. However, without showing hardship, it may be difficult to succeed in your application for Canadian permanent residence under the Humanitarian and Compassionate Category.
Top 5 Most Common FAQs about Humanitarian and Compassionate Applications
What Is The Procedure for H & C Applications?
The completion of application forms, and supporting documentation showing the factors above are necessary for a good H & C application. Once the application package is complete and the government processing fee is collected, the application can be submitted. The application package should have a very detailed submission letter outlining all the Humanitarian and Compassionate factors of the applicant and should explain why the immigration officer assessing the case should approve the application. Note that H & C cases are discretionary, that is, the immigration officer assessing the case can refuse or approve the case based on their own assessment. Therefore it is extremely important to prepare a very strong submission letter and collect persuasive supporting documentation in support of the Humanitarian and Compassionate Application.
How Long Does The Application Take To Process?
Applications can take around 18-24 months to process, but sometimes longer depending on the case. During the application process, the applicant remains in Canada to await a decision. It is not recommended that the applicant travels outside of Canada during the H & C process. An interview may be required, as well as a request for additional documentation. Interviews will be conducted at their local CIC office.
What Happens If My Humanitarian and Compassionate Application Is Approved?
If your Humanitarian and Compassionate application is approved, you will be asked to undergo immigration medical exams and obtain police clearances. Once the medicals and police clearances are passed, you will be called in to pick up your Canadian Permanent Residence Card (PR Card).
What Happens If My H & C Application is Refused?
If your Humanitarian and Compassionate application is refused, then it is essential to act fast! You have only 15 days to appeal the refusal to the Federal Court of Canada. Appealing to the Federal Court involves showing the judge that the immigration officer who refused your case made some errors in law and/or fact. This is not an easy job. However, success is indeed possible. Immigration officers do make mistakes!
Can I Renew PR Card on H & C Grounds?
Yes! You can renew your Canada PR card through Humanitarian and Compassionate Grounds.
Why Seeking Professional Immigration Help is Essential
Being approved for a Humanitarian and Compassionate application is far from easy. Immigration officers do not readily approve them unless the applicant demonstrates hardship in their home country and that they have established themselves in Canada. Making a strong and compelling case is essential for a successful outcome.
Our law firm has been handling Humanitarian and Compassionate applications for over 15 years. We take a very aggressive approach to these cases, making sure your application stands out! Let our experienced immigration lawyers handle your H & C case so you do not have to live “underground” in fear any longer.
Why Hire Us to Help with Your Humanitarian and Compassionate Application?
If you are out of status or illegal in Canada, there are options! The procedures for applying for H & C cases are not exactly straightforward, and applicants that choose to apply without seeking any help from an immigration lawyer are often met with avoidable challenges. When it comes to Humanitarian and Compassionate applications, risking deportation is the reality. This is why relying on a legal team who specializes in H & C cases will provide you with your best shot at staying in Canada and becoming a legal resident. We have helped thousands of individuals to successfully immigrate to Canada through Humanitarian and Compassionate applications. Chugo Immigration is experienced and will be able to assess your case and recommend a course of action to best serve your needs.
Optimize your chances of success!
What are your options for Canadian Immigration? You can consider any of the following pathways to Canadian Immigration:
Chugo Immigration Service is authorized to offer Canadian Immigration and Citizenship services under the Immigration and Refugee Protection Act. The Principal Consultant, Pius Chukwuma Ekwulugo RCIC, is a member in good standing of the College of Immigration and Citizenship Consultants (CICC) and has helped many foreigners to start a new life in Canada. We will help you too!
For effective and diligent legal help regarding Canadian Immigration matters, we partner with Weekes Law Office.
WHAT DO I DO NEXT?
Are you looking for an immigration pathway to Canada? If you do not know where to look and how to start, we invite you to book an eligibility consultation with us. We will prepare an individualized assessment report for you and guide you on your immigration journey to Canada.
We advise you to complete the assessment questionnaire now in order to properly plan your application.
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