Humanitarian and Compassionate Application
H&C Applications refer to humanitarian and compassionate cases under which a person can apply for permanent resident status in Canada. Rules governing the H&C applications are laid down under Section 25 of the Immigration and Refugee Protection Act (IRPA).
Few of the selection factors which make a person eligible to apply in this immigration category include:
- Having family members in Canada, who are permanent residents or Canadian citizens
- Are employed in Canada with or without a valid Work Permit
- Are studying in Canada, with or without a valid Study Permit
- Possess volunteer work experience in Canada
- Successfully demonstrate language proficiency in English or French
- Own property or have money saved in Canada
- Socially connected to Canada by virtue of their community
Applicants may not possess legal status in Canada but still live here.
Applicants under this immigration program must demonstrate that they are likely to experience adverse conditions and undue hardship if they are required to leave Canada. The majority of the applications under this category are made from within Canada.
Applicant’s unique personal situation and the specific aspects which are likely to be covered under humanitarian and compassionate grounds are assessed in the application process.
With the completed application form, it is important to include a detailed letter, which elaborates on the reasons the applicant is applying under H&C.
This letter is the major factor that will support your H&C application and convince the immigration officer to review the case to make a favorable decision.
It is extremely crucial to make the supporting documentation very strong in this case as all H&C applications are discretionary in nature. The immigration officers will apply their own judgment to assess the case before deciding to approve or reject it. The H&C applications should not be used as a routine application and need to be supported by evidence of Humanitarian and Compassionate grounds.
Further certain applicants such as failed refugee claimants may not be able to use this avenue until 12 months of the period has been passed. Although some exemptions are allowed.
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