Humanitarian and Compassionate Grounds
Apply for Permanent Residence with H & C
Explore the path to permanent residency in Canada through humanitarian and compassionate considerations. Understand the unique criteria and begin your journey with expert guidance.
Steps to Apply for H&C Permanent Residence
1
Determine Eligibility
Review the criteria to ensure you qualify for the H&C grounds application. Consider factors such as establishment in Canada, family ties, and best interests of any children involved.
2
Gather Documentation
Collect all necessary documents, including proof of identity, evidence of your situation, and any supporting letters or affidavits that strengthen your case.
3
Submit Your Application
Complete the application forms accurately and submit them along with the required documents to the appropriate immigration office. Ensure all fees are paid and forms are signed.
When Does Humanitarian and Compassionate Law Apply?
Individuals in Canada (and occasionally those residing outside Canada) who do not fulfill the requirements for a visa can apply for permanent residency based on humanitarian and compassionate (H&C) grounds. This option is available for various situations, including:
- Individuals who have lived in Canada for an extended period and have established significant ties to the country.
- Individuals excluded from the family class due to their sponsor not disclosing their existence or undergoing examination.
- Individuals facing criminal issues that prevent their admission to Canada.
- Individuals with medical conditions that hinder their ability to enter Canada.
- Individuals who, while not legally recognized, function as family members (de facto family members).
H&C considerations can also be utilized to justify not meeting the relevant law or policy when applying for temporary visas, such as work permits, study permits, and visitor visas.
Who is Eligible?
Foreign nationals in Canada without valid immigration status can make a claim based on humanitarian and compassionate grounds. Examples include individuals who have:
- Overstayed their visa.
- Been excluded from the family class due to non-disclosure by their sponsor.
- Had a refugee claim denied over a year ago.
Certain restrictions apply, and the following groups of individuals cannot apply on H&C grounds:
- Individuals who have submitted a refugee claim must withdraw their claim prior to their IRCC hearing to be eligible for H&C.
- Those who received a negative decision from IRCC in the last 12 months (including rejected refugee claims). However, the one-year restriction does not apply to applicants with children under 18 who would face adverse effects from the applicant’s removal or to those with medical conditions threatening their life that cannot be treated in their home country.
- Individuals who withdrew a refugee claim within the last 12 months.
- Individuals recognized as Designated Foreign Nationals or labeled as “irregular arrivals” in Canada, who are ineligible for H&C applications for five years.
Exemptions on H&C grounds are rare and are granted only when the evidence provided is compelling enough to convince the reviewing officer that significant harm would occur if the application is denied.
Common Questions About H&C Applications
Find answers to frequently asked questions about applying for permanent residence on humanitarian and compassionate grounds.
What are humanitarian and compassionate grounds?
Humanitarian and compassionate grounds are special considerations in Canadian immigration law that allow individuals to apply for permanent residence based on exceptional circumstances that justify granting residency despite not meeting typical criteria.
Who can apply under H&C grounds?
How long does the H&C application process take?
The processing time for H&C applications can vary significantly, often taking 2 years or more, depending on the complexity of the case and the current backlog of applications.
Can I apply for H&C grounds if I am outside Canada?
What happens if my H&C application is refused?
Can I work while my H&C application is being processed?
Our Services
H&C Application Assistance
Expert guidance through the humanitarian and compassionate application process, ensuring all documentation is accurately prepared.
Case Evaluation
Comprehensive assessment of your situation to determine the best approach for your application.
Document Preparation
Professional assistance with gathering and organizing all necessary documents for a strong application.
Representation
Experienced representation to advocate on your behalf throughout the application process.
Ready to Take the Next Step?
Contact us today to learn more about applying for permanent residence on humanitarian and compassionate grounds. Our team at Galleon Immigration & Refugee Services is here to guide you through the process with expert advice and personalized support. Don’t wait—schedule your consultation now to explore your options and secure your future in Canada.