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    Applying for Permanent Residency Under Humanitarian & Compassionate Grounds

    Humanitarian and Compassionate
    People in Canada (and sometimes those residing outside Canada) who do not meet the criteria to receive a visa through other channels can apply for permanent residence on Humanitarian and Compassionate (H&C) grounds. This pathway is intended for individuals who face exceptional and compelling circumstances that justify granting permanent residence despite not meeting standard requirements.

    Begin your Immigration Process

    STEP 1

    Book an appointment by call us or online.

    STEP 2

    Get your case assessed by an authorised immigration consultant (RCIC-IRB)

    STEP 3

    If eligible get application prepared by RCIC-IRB

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    Here’s a detailed overview of H&C applications, eligibility criteria, and the application process.

    Who is Eligible?

    H&C applications can be made by foreign nationals living in Canada with no valid immigration status, including:
    • Individuals who have overstayed their visa.
    • Individuals excluded from the family class because their sponsor didn’t declare them or have them examined.
    • Individuals who had a refugee claim denied over a year ago.
    Certain categories of people cannot apply on H&C grounds:
    • Individuals who have submitted a refugee claim (must withdraw before their IRCC hearing to apply for H&C).
    • Individuals who received a negative decision from IRCC in the last 12 months.
    • Individuals who withdrew a refugee claim within the last 12 months.
    • Individuals recognized as Designated Foreign Nationals or considered “irregular arrivals” into Canada (cannot apply for five years).

    What Qualifies as Humanitarian Reasons?

    Humanitarian reasons that may warrant an H&C application include:
    • Significant degree of establishment in Canada.
    • Exclusion from family class due to a sponsor’s failure to declare.
    • Criminal or medical issues preventing admission to Canada.
    • De facto family membership without legal status.
    • Best interests of a child.

    H&C Application Process

    Forms and Documentation: Applicants must fill out and submit several forms, including:
    • IMM 0008: General application for immigration.
    • IMM 5283: Application requesting an exemption under H&C grounds (for in-Canada applicants).
    • Additional forms for family, economic, or refugee classes (for overseas applicants).
    Supporting Evidence: It is crucial to provide comprehensive and persuasive documentation to support the H&C claim. This may include:
    • Professional assessments by medical professionals.
    • Observations about country conditions by academics and journalists.
    • Government documentation proving income.
    • Recommendations from employers or community members.
    Submission Letter: A well-crafted submission letter should detail the applicant’s situation and explain why their case merits H&C consideration. Fee Payment: Applicants must pay the processing fee and submit the completed application package.

    Key Considerations in H&C Applications

    Economic and Cultural Establishment: Factors such as stable employment, sound financial management, community involvement, and integration into Canadian society are taken into account. Hardship in Country of Origin: Officers will consider potential hardships, including risks of persecution, violence, poverty, lack of medical care, and impacts on family and close relationships in Canada. Best Interests of a Child: The welfare of any child affected by the applicant’s removal is a critical factor. This includes emotional, physical, social, and cultural well-being.

    Timeline and Processing

    H&C applications are complex and can take 24 to 36 months or longer to process. Applicants are advised to remain in Canada during this period to be available for interviews or to submit additional documentation as requested.

    Renewing Resident Status

    Applicants must maintain their legal status in Canada while their H&C claim is processed. This involves:
    • Applying for an extension of permission before current permits or visas expire.
    • Meeting the requirements for their current stay.
    • Abiding by the conditions of their status.

    What Happens if Your Application is Refused?

    If an H&C application is refused, the applicant has 15 days to file for an Application of Leave and Judicial Review with the Federal Court of Canada. Successful reviews may result in the application being sent back for reconsideration.

    Seeking Professional Help

    Applying for permanent residency on H&C grounds is a complex process that requires a strong, persuasive application package. Professional immigration consultants, like those at F1 Immigration Inc., specialize in handling H&C cases and can significantly increase the chances of a successful application.

    Contact Us

    If you believe you qualify for an H&C application, our experienced consultants are here to assist you. We will help you compile documentation, prepare arguments, and make legal submissions on your behalf. Book a consultation with one of our experts today to start exploring your options for a successful immigration journey.
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