Have you been living in Canada for some time but struggling to obtain permanent residency? Are you finding it challenging to qualify for any immigration programs due to certain inadmissibilities? If so, you might want to consider the Humanitarian and Compassionate (H&C) application.
In this comprehensive guide, we will delve into the intricacies of Humanitarian and Compassionate applications, also known as “H&Cs.” Many people mistake these for another form of refugee claim, but they serve a different purpose.
What is an H&C Application?
An H&C application is derived from Section 25 of the Immigration and Refugee Protection Act (IRPA). This provision allows foreign nationals, whether inside or outside Canada, who are inadmissible for some reason to request an exception based on humanitarian and compassionate grounds.
Simply put, if you do not qualify for any other immigration programs, you can use the H&C application to overcome these issues. However, it’s important to note that H&C applications are exceptions and not alternate pathways to permanent residency. They are reserved for cases with substantial and compelling reasons and are assessed on a case-by-case basis.
Understanding Inadmissibility
Inadmissibility refers to being disqualified from immigrating through a program due to various reasons such as a criminal record, medical issues, or financial constraints. H&C applications are a last-resort mechanism to overcome these inadmissibilities.
Exception: Inadmissibility cannot be due to Sections 34, 35, or 37 of the IRPA, which relate to issues of security, international human rights violations, sanctions, and organized crime.
Factors Considered in H&C Applications
When assessing an H&C application, Immigration, Refugees and Citizenship Canada (IRCC) considers various factors, including:
Hardship: The hardship you will face if you have to return to your home country is a critical factor. The assessment no longer has a specific test for hardship, but mere inconvenience or financial difficulty is not enough to grant an exception.
Establishment in Canada: Demonstrating that you have a more established life in Canada compared to your home country is essential. This includes your inability to leave Canada and the circumstances that led to your establishment here.
Ties to Canada: Strong ties to Canada, such as family connections, community involvement, and employment, are considered.
Best Interest of Children: The best interests of any children directly affected by the decision are paramount. This could involve assessing the emotional, social, cultural, and physical welfare of the child, whether born inside or outside Canada.
Health Considerations: If your home country cannot provide necessary medical treatments, this factor will be considered.
Adverse Country Conditions: The conditions in your home country that will directly affect you if you return are also taken into account.
Family Violence Considerations: If you left your country due to domestic violence and would be subject to it again upon return, this is a significant factor.
Consequences of Family Separation: The impact on family members if an individual is sent back, including dependency and support needs, is considered.
Ability to Establish in Canada: For overseas applications, your ability to establish yourself in Canada, including where you will live and work, is evaluated.
This list is not exhaustive. Any other unique circumstances related to your situation should be thoroughly explained and documented.
How to Make an H&C Application
There are two primary ways to submit an H&C application:
- Standalone Application: You can submit an H&C application on its own as an application for permanent residency.
- Attached to Another Application: It can be added to another type of immigration application, such as a sponsorship.
Generally, you need to be in Canada to make this application unless you are tying it to a sponsorship. In either case, you must collect all necessary personal information, including employment history, travel history, and supporting documents such as letters of support, medical records, financial statements, and proof of residence.
Processing Timeline
The processing timeline for H&C applications can range from several months to years, depending on the complexity of the case. The Immigration and Refugee Board (IRB) has extensive guidelines on how to weigh evidence, conduct research, and follow rules when making decisions on these applications.
Why Hire an Immigration Lawyer?
H&C applications are complex and involve an in-depth understanding of legal principles. It is strongly recommended to hire an immigration lawyer who specializes in or is knowledgeable about H&C applications. At Titan Law, we have experienced immigration lawyers who can assist you with H&C applications or other areas of immigration.
Why Titan Law?
Specialized in Immigration
More than 10 years of experience
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We helped immigrants from more than 50 countries
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Conclusion
If your situation aligns with what we have described, consider reaching out to us at Titan Law. We can schedule a consultation to review your circumstances and determine the best immigration avenue for you. Don’t navigate this complex process alone—let our expertise guide you toward a successful application.
Feel free to contact Titan Law for a comprehensive consultation and take the first step toward securing your future in Canada.
IRCC considers several factors, including:
- Hardship if returned to the home country
- Establishment in Canada
- Ties to Canada
- Best interests of any children affected
- Health considerations
- Adverse country conditions
- Family violence considerations
- Consequences of family separation
- Ability to establish in Canada (for overseas applications)
No, an H&C application is not an alternative to other immigration programs. It is an exception for individuals who do not qualify for any other programs and can demonstrate substantial and compelling reasons for their request.
H&C applications can address various types of inadmissibility, such as medical issues, financial constraints, or certain criminal records. However, it cannot be used for inadmissibility related to security, human rights violations, or organized crime (Sections 34, 35, or 37 of IRPA).
Yes, it is possible to apply for an H&C application from outside Canada, especially if it is tied to another type of immigration application, such as a sponsorship. However, these cases are less common, and being in Canada generally strengthens the application.
Both foreign nationals inside and outside Canada can apply for an H&C application. However, it is typically used by those already in Canada who face significant hardship or have strong ties to the country, making it difficult or impossible to return to their home country.
