Humanitarian and Compassionate Applications (H&C)

What are Humanitarian and Compassionate Applications (H&C)?

The Humanitarian and Compassionate (H&C) application is a provision for foreign nationals who do not qualify for permanent residence under the standard Canadian requirements, to apply based on humanitarian and compassionate grounds.
In other words, H&C consideration is not necessarily an alternative means of securing permanent residence. Instead, it should be your last resort under special humanitarian circumstances. You can apply for the H&C consideration within or outside Canada. Applicants living in Canada are now mandated to apply online.
The Immigration, Refugee and Citizenship Canada (IRCC) is the organization that oversees the H&C program. The Canadian government through the humanitarian and compassionate IRCC applications seeks to welcome and protect immigrants and make the Canadian society more inclusive.

Eligibility Criteria for H&C Applications

To qualify for the H&C application, you must show compelling humanitarian compassionate grounds under which you should be granted permanent residence in Canada. Below are factors that may be considered as eligible for H&C application:

• Family ties: You have a parent, spouse or child who is a Canadian citizen or a permanent resident.
• Community ties: You belong to, and have a critical role in a religious organization, volunteer groups, or social activities in Canada.
• Interests of applicant’s children: if your removal from Canada would affect your children physiologically or psychologically.
• Health considerations: If your home country cannot provide you with the required medical treatment for a critical health condition.
• Potential persecution and difficulties in home country: This includes torture, violation of basic human rights, political tension, fear of persecution, and religious (or social) predicaments.

The Application Process for H&C in Canada

Here are the step-by-step process you can follow to apply through H&C considerations:

Determine Your Eligibility

Any individual who meets any of the eligibility criteria discussed above can apply for H&C consideration. Note that you’re not eligible if :

• You’re a designated foreign national within 5 years
• You’re inadmissible to Canada by reasons of security or association with crimes.
• You have an outstanding H&C application.
• You had a refugee claim rejected (or abandoned) within 12 months; either the Refugee Protection Division or the Refugee Appeal Division of the IRB.
• You’re a Canadian Citizen
• You’re a permanent resident in Canada

Gather Relevant Document

Here you provide all the documents that may be required during the application or requested as evidence for your claims in the H&C application. These documents include

• Your passport photos
• Copy of your passports or other travel documents
• Proof of your current immigration status in Canada
• Proof of identity (such as birth certificates or any legal document that shows your name, date of birth, and nationality)
• Marriage certificate (if applicable)
• Medical reports or documentation to support your claim of serious medical condition
• Letters from witnesses attesting to your humanitarian and compassionate claims
• Police records or other documents proving you’re a victim of violence or human rights violations.
• Certified translation of documents not written in English or French.
• Any other document that bolsters your case.

File Your H&C Application

Go to the IRCC website and create your account. If you already have an account, key in your login details. Fill out these forms below:
IMM 5283: This is your application requesting an exemption based on humanitarian compassionate considerations. Here, you clearly detail the relevant reason why you should be granted a stay despite your inadmissibility in Canada.
IMM 0008 which is the general application form for Canada. This is the application for permanent residence and must be submitted alongside your IMM 5283 and any additional form.
Additional forms (if applicable): These include IMM 0008DEP (additional dependent form), IMM 5406 (additional family information), IMM 5476 (use of a representative), and others.

Pay Relevant Fees

Applying for the H&C comes with processing fees (CAD 515) which you must pay before submitting the application. You may also pay the right of permanent residence fee ($CAD 570) along with the processing fee.
If you include a dependent child in your application, you’ll pay a fee of $CAD 155 per child. You’ll also pay a biometric fee of $CAD 85 per person or CAD 170 per family. Note that insufficient pay will result in returning your application.

Submit Your Application

Before you submit your application, ensure you’ve filled in the necessary details (including your name as written in the passport), included all relevant documents bolstering your application, and uploaded your processing fees receipt.

Dealing with Application Refusals

When you have a genuinely critical reason to be granted immigration on humanitarian grounds, application refusal can be a painful experience. However, all hope is not lost. Here’s how you can deal with H&C application refusal.

Apply for Judicial Review

You can apply to the Federal Court of Canada to have the decision reviewed. If the court ruled the decision as incorrect or unjust, the application would be sent to another H&C officer for reconsideration. Note that you should hire a professional immigration attorney to help you in this process.

Request a Reconsideration

Submit a letter to the immigration officer explaining why you believe the decision should be reconsidered. If you have new evidence, attach them to the letter to support your case.