What is The Humanitarian and Compassionate Consideration?

Humanitarian and Compassionate Grounds apply to foreign nationals who have exceptional cases and would otherwise not qualify for permanent residency in any other class. Immigration, Refugees, and Citizenship Canada (IRCC) will assess H & C applications on a case-by-case basis, and consider the compelling factors for each case.

You may only ask for H & C grounds if you are applying for permanent resident status in Canada or a permanent resident visa abroad.

Factors to consider in a humanitarian and compassionate assessment

Applicants may base their requests for H&C consideration on any relevant factors, including, but not limited to

• establishment in Canada for in-Canada applications;
• ties to Canada;
• the best interests of any children directly affected by the H&C decision;
• factors in their country of origin, including adverse country conditions;
• health considerations, including the inability of a country to provide medical treatment;
• family violence considerations;
• consequences of the separation of relatives;
• inability to leave Canada has led to the establishment (in the case of applicants in Canada);
• ability to establish in Canada for overseas applications;
• any unique or exceptional circumstances that might merit relief.

Decision makers are not limited to assessing factors submitted by applicants and should consider and weigh all information before them including, for example, the applicant’s immigration history or criminal record.

Additional considerations in overseas processing

In the overseas context, decision-makers should also consider the applicant’s circumstances relative to others living in their country when considering whether sufficient H&C grounds exist to justify an exemption. The assessment is not a comparison of life in Canada versus life in the country of origin. It is an assessment of the hardship that would result if the applicant is not granted the exemption or a permanent resident visa.

Examples of documentary evidence that can be provided include:

• Letters from family members in Canada
• Letters from friends and the community illustrate ties to the community and your role as an integral part of society.
• Letters from religious organizations, volunteer groups
• Proof of employment or job offer
• Evidence that demonstrates hardship in your country of origin
• Information about your children and their education in Canada
• Documents for proof of children’s education, such as report cards, participation certificates for extracurricular activities
• Medical records
• Bank records
• Police reports in instances of family violence
• Applicants most likely to have their H & C applications approved will be able to demonstrate that they meet some of the following criteria:
• Being established or settled in Canada
• Whether you have children or other dependents living with you in Canada, that would be affected
• Having any physical or mental health concerns
• You have a family relation to Canadian citizens or permanent residents
• Employment in Canada (even without a valid work permit)
• efforts you have made to improve your education or skills in Canada.
• You have done volunteer work in Canada
• Proficiency in English or French and your efforts made to improve your language skills
• Financial savings and property in Canada
• Social ties to Canada and your community
• You would experience severe hardship or difficulties if you returned to your home country
• If you are a woman, the difficulties you would face in your home country because of your gender

FACTORS THAT WILL MAKE AN APPLICANT INELIGIBLE FOR HUMANITARIAN & COMPASSIONATE APPLICATION

•  If you are a Canadian Citizen or Permanent Resident.
• If you have a pending refugee claim that is currently in process with the Immigration and Refugee Board of Canada (IRB). If you wish to apply for H&C, you must withdraw your refugee claim before your IRB hearing.
• If you have received a negative decision on your refugee claim within the last 12 months. This is known as the ‘one-year bar. If your refugee claim has been abandoned or withdrawn, you are also subject to this ‘one-year bar.

 However, this one-year bar DOES NOT APPLY if:

You have minor children (Under 18 years of age) who would be adversely affected if you were removed from Canada, or

Either you or one of your dependents suffers from a life-threatening condition that cannot be treated in your home country

You have submitted an H&C application for which a decision has not been made. A person cannot have more than one H & C application at the same time

If you became a designated foreign national within the last 5 years. A designated foreign national is a group of people who enter or try to enter Canada in a way that is against the law. This is considered irregular arrival and certain rules and restrictions will apply to the designated foreign national.

If you applied for humanitarian and compassionate grounds and then became a designated foreign national, your humanitarian and compassionate grounds application will be suspended for five years from the date:

• you were designated, or
• of a negative decision from the IRB, or
• of a negative Pre-Removal Risk Assessment decision.

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