Humanitarian and Compassionate Application
The application package for a Humanitarian and Compassionate (H&C) application includes an instruction guide and the necessary forms to complete the process. The instruction guide provides essential information to understand before submitting the application and gives detailed explanations on completing each form and gathering all required supporting documents. It is crucial to review the instruction guide thoroughly to ensure the application is properly prepared. The principal applicant must fill out all applicable forms, including those required for any dependants, and submit them through the Permanent Residence Online Application Portal. Only applications that are complete will be accepted, as incomplete submissions are returned without processing. Ensuring accuracy and thoroughness in each section will help avoid delays and provide the best chance for consideration under H&C grounds.
Eligibility Requirements
- To be eligible for an H&C application a person must comply with the basic requirements of showing establishment, ties, and connections to Canada, having the best interest of the child involved and demonstrate the side effects if they were returned to their home country.
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There are some other rules that cannot apply to certain situations even if the person covers all general requirements, for example if the person’s IRB decision was negative in the last 12 months a person cannot apply for H&C grounds application, unless:
(1) there are children under the age of 18 involved and could be affected if they would have to leave Canada.
(2) A person or any of their dependents have a life-threatening medical issue which cannot be treated in their home country.
Who may apply
- Foreign nationals who are inadmissible or who do not meet the requirements of the Act or Regulations may make a written request for consideration under subsection A25(1). There are some restrictions with respect to examination of applications for H&C consideration. The restrictions are explained in the following charts.
H&C application will not be assessed for risk factors as follows:
- Persecution
- Endanger to life
- Cruel and unusual treatment or punishment
Efforts to regularize status
- Demonstrating efforts made by the applicant to explore and pursue other avenues for obtaining permanent residency in Canada, such as applying through other immigration programs or seeking legal advice.
H&C Process
- H&C applications are specific, and scenario based which usually takes more time to process. According to the IRCC website the processing time for an H&C application takes between 22 to 36 months.
- It usually takes the IRCC to process the first stage in approx. 12 months depending on the extensiveness of the specific case. The second stage is the applicants background checks for police clearance and medical examination. After all stages are completed and the applicant meets the eligibility and requirements, the final decision on the H&C application is made.
Discretionary Decision
- Immigration officials retain the option to approve or deny an application based on the particular circumstances of each case when deciding whether to grant permanent residency on humanitarian and compassionate grounds.
