What is a Humanitarian and Compassionate consideration?
A Humanitarian and Compassionate (H&C) consideration may be a solution for people who are:
Inadmissible to Canada, or
Admissible but not eligible for any existing programs for permanent residence.
Generally speaking, the H&C process considers whether you have enough eligible factors. If you do, you will receive permanent residence.
On the other hand, the process does not deal with inadmissibility or ineligibility.
Therefore, when you are applying for an H&C consideration, you want to show that you have enough H&C factors instead of addressing your inadmissibility or ineligibility.
What is inadmissibility?
Generally speaking, each foreign national who wants to enter Canada must be admissible. This rule also applies to permanent residents.
This means when you are applying for immigration status, IRCC will examine your admissibility.
If you present inadmissible grounds, then you cannot enter.
Further, foreign nationals can also be found inadmissible while in Canada. Consequently, they will be ordered to leave Canada. This order is called a Removal Order.
Currently, the inadmissible grounds include:
Violations of human or international rights,
Inadmissible family member, and
Failure to comply with the Immigration law.
Who cannot apply for an H&C consideration?
Generally speaking, you can't apply for an H&C consideration if you are:
Inadmissible due to security reasons, violations of human or international rights, or organized criminality,
A Canadian citizen or permanent resident at the time of your application is received by IRCC,
A refugee claimant whose claim is being processed, or a previous claimant within 12 months, and
Applying for temporary residence status, such as a study permit.
Further, If you are inadmissible, you should address this issue first. If you don’t, you can't apply for an H&C consideration.
We can also help you to determine if you can apply for an H&C consideration.
Solutions to inadmissibility
In fact, most inadmissible issues are solvable, and there are specific solutions for different grounds of inadmissibility.
For example, for criminality, you can apply for a Record Suspension
or Criminal Rehabilitation
. On the other hand, if you have received a Removal Order, you may appeal it to the Immigration and Refugee Board (IRB).
We are also specialized in offering solutions to inadmissible issues. If you need help, please contact us.
What are the H&C factors?
To emphasize, showing that you have enough H&C factors is the most important step.
Generally speaking, H&C factors may include:
Establishment in Canada,
An inability to leave Canada,
Ties to Canada,
Best interest of a child.
Family violence factors,
The consequence of separation from family,
Factors in the country of origin, and
Any other factors.
You should prove as many as the factors that apply to you.
We can also help you to determine your factors.
Best interest of a child
This is one of the most important factors for an H&C application because the consequence may cause more impacts on a child than an adult.
Further, it does not limit to the applicant’s child. In fact, the process examines any child that may be affected by the outcome of the application.
If you are unsure about how to argue your case, we can help you.
Where can you apply for an H&C consideration?
You can apply for an H&C consideration either in or outside Canada.
However, IRCC is only obligated to examine your application if you submitted it in Canada.
If you submit your application outside Canada, on the other hand, the IRCC has the discretion to examine it.
Therefore, we suggest that you submit your application while in Canada.
However, if you are inadmissible, you might not be able to return to Canada. Then you can consider a Temporary Resident Permit (TRP)
or an Authorization to Return to Canada (ARC)
We can also help you with these applications. Please check our service pages for more information.
Immigration appeal and H&C consideration
If you have an appeal with the IRB, you may also apply your H&C factors.
To learn more, please visit our service pages: Sponsorship Appeal
, Removal Order Appeal
, and Residency Obligation Appeal
LGBT and H&C consideration
Many LGBT people wish to move to Canada either for work or study. They eventually want to settle here permanently.
However, some of them may not be admissible or eligible, then H&C may be their pathway to permanent residence.
For example, a member of LGBT with an HIV diagnosis may apply for an H&C consideration if they have enough H&C factors.
Further, if people cannot sponsor their same-sex spouse or partner, the sponsored person can also apply for an H&C consideration as LGBT.
What we do?
Firstly, we help LGBT people in their H&C consideration application, and we create a safe and friendly place for people with immigration needs.
Then, we personalize our services for you, which may include any of the following:
Help you to determine your H&C factors,
If you are not currently eligible, we help you to meet the eligibility,
if you are inadmissible, we help you to find the solution,
Assist you in collecting or preserving the supporting documents,
Provide other advice and instructions as needed that could be critical to a successful application, and
Complete, prepare, organize, and submit your application on your behalf.
Book an initial assessment today or contact us directly.