The H&C class process is arduous and time-consuming; ease your burdens and let us guide you through it.
Humanitarian and compassionate (“H&C”) applications are generally applied for from within Canada, but they can also be applied for from abroad. This is a highly discretionary category. The test is whether the foreign national would face “undue, undeserved, or disproportionate hardship” if they were forced to return to their country of habitual residence or citizenship.
The Immigration and Refugee Protection Act (IRPA) is the main statute governing immigration to Canada.
Foreign nationals who are inside Canada and would face some unusual hardship if they had to return to their home country can apply for permanent residence on humanitarian and compassionate (H&C) grounds.
Officers weigh the humanitarian and compassionate considerations for each application on the basis of the applicant’s personal circumstances.
H&C class is not intended as a parallel process to refugee determination. Refugee
claimants (both in Canada and overseas) may not submit an application for permanent residence for H&C considerations while their refugee claims are still in process.
Typical applicants who apply in the humanitarian and compassionate considerations (H&C) class do not meet the requirements for Canada’s family reunification, economic, or refugee programs. They do not qualify because they are either ineligible or inadmissible, yet they may still present compelling cases for permanent residence.
A humanitarian and compassionate assessment considers circumstances and factors that may be sufficiently compelling to allow for the requested exemption.
The standard to be applied is set out in subsection 25(1): whether relief is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Decision-making is based exclusively on documentation submitted by the applicant, and the decision-maker has broad discretion when considering the reasons for and circumstances of the application
The onus is entirely upon the applicant to be clear in the submission as to exactly what hardship they would face if they were not granted the requested exemption(s).
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.
Please note: refugee claimants who have had their claim denied will be subject to a 1-year bar on submission of an H&C application as well as a bar on concurrent applications.
At Secant Immigration Solutions, we may help you with advice and filing of an H&C-based application for permanent residence. Contact us to learn how we can assist in your precise case!
