Filing a Humanitarian and Compassionate (H&C) application in Canada is a pathway to permanent residence for individuals who are otherwise ineligible under standard immigration program
An H&C application is a discretionary request for permanent residence based on compelling personal circumstances. Its intended for people who:
• Are in Canada and cannot apply under other immigration classes.
• Face unusual, undeserved, or disproportionate hardship if forced to leave Canada.
• Need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA).
Who Can Apply?
- You are inadmissible or ineligible under other immigration categories.
- You are not eligible to apply from within Canada under Spouse/Common-Law Partner, Economic Class, Protected Person, or TRP Holder categories.
- If you are not barred by the 12-month failed refugee claim rule or designated foreign national restrictions.
Who Cannot Apply?
- You’re inadmissible for security, human rights violations, serious criminality, or organized crime.
- You already have an H&C application in process or a pending refugee
claim.
Key Factors Considered
- Establishment in Canada: employment, taxes, community involvement.
- Family ties: especially if children are involved.
- Best interests of the child: a primary consideration under IRPA s.25.1.
- Hardship upon return: including country conditions, health care access, or risk of violence.
- Conduct and compliance: such as tax filings and absence of recent offenses.
H & C Application process is not a quick pathway to PR; it requires a through
eligibility assessment, strategic professional guidance in preparation for a strong
application.