Humanitarian and Compassionate Applications

Humanitarian and Compassionate Applications

H & C permanent residence applications or Humanitarian and Compassionate Applications are suitable for foreign nationals living in Canada with no legal status. Foreign nationals can benefit from multiple immigration pathways to study, work, and settle in Canada. The process of immigration to Canada requires fulfilling several criteria and meeting requirements as per the federal and provincial regulations.

Individuals may continue staying in Canada because of the inability to meet some requirements despite being inadmissible. The humanitarian and Compassionate Applications program helps people obtain the legal status of permanent residence. Contact an expert immigration consultant if you or your acquaintances live in Canada without proper paperwork.

Understanding H & C decision-making process

The process to allow an individual to grant permanent residence involves the individual opinion of the visa authorities. The approval is more an exception than a rule. The visa officer checks the authenticity of all evidence and information. The factor of hardship in the case of denial plays a vital role. The applicant must provide convincing evidence and information regarding hardships and risks.

Hardships refer to the overwhelming situation one may face after leaving Canada or the seriousness of the problems. Medical hardship may be a strong reason if the applicant’s home country lacks adequate medical facilities to provide treatment resulting in death. On may provide the following information to strengthen the case:

  • The period for which you are staying in Canada
  • Details of efforts to improve language skills and educational credentials
  • Total number of family members who are living in Canada (More members of the family will strengthen your case)
  • Reference letters from neighbors, employers, or friends in Canada that establish your good character
  • What is your cultural or financial contribution to Canada?
  • Record of volunteer work or religious work
  • Number of family members in the home country (Ideally, less number of family members is helpful to build your case)

Several factors can help you prove that you will be facing severe hardships after returning to your home country.

In addition to these hardship factors, the individual will have to prove that there is a possibility of risk to life in the home country in the form of torture, fear of punishment, or inhuman treatment. The risk may be because of political or religious reasons.

Eligibility requirements for Humanitarian and Compassionate Applications

Individuals who satisfy the following criteria may be eligible to apply for H & C Permanent Residence program under humanitarian grounds:

  • Individuals who are presently living in Canada
  • Individuals who wish to apply for PR and are seeking an exemption from one or several criteria of the Immigration and Refugee Protection Act
  • The applicant strongly feels that they deserve exemption on compassionate grounds.
  • The following individuals are not allowed to apply under Humanitarian and Compassionate Applications:
  • Permanent residents
  • Canadian citizens
  • Individuals who are awaiting a decision on H & C application
  • Pending Refugee claims disqualify an individual from H & C Application. However, they may apply for the same by withdrawing refugee claims.
  • If the ‘one year bar’ by IRB is yet to expire

Applying for the Humanitarian and Compassionate program does not allow the applicant to continue living in Canada if there is a removal order. However, a Pre-Removal Risk Assessment may prevent deportation after an H & C application. The individual is not eligible for H & C application if there is a refusal to the permanent residency application. One cannot have two applications under H & C applications on two different grounds.

Dev Immigration Services Inc offers expert professional assistance to individuals who wish to leverage the Humanitarian and Compassionate Applications Program to obtain legal status. Call us today to know more about the process and eligibility requirements.


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