What is Humanitarian and Compassionate (H&C)?
Canadian immigration law grants certain people permanent residence (PR) if they have enough H&C grounds, and their situation is exceptional. The most common example is refugees.
Generally, when someone is either ineligible for PR or inadmissible to Canada, they may present their H&C grounds. And if it is successful, they will receive PR status.
Note that H&C is mostly a solution for PR applications. However, in limited situations, H&C may be used for work permit applications. For example, a student in Canada who is unable to afford tuition due to uncontrollable reasons. Another example is a sponsorship applicant who is a victim of domestic violence.
Inadmissible to Canada
If one person is inadmissible to Canada, it means either they can’t enter Canada, or their application will be rejected. If they are in Canada, they will be ordered to leave.
Some common grounds of this include criminal records, medical issues, and misrepresentation.
When shall I consider H&C?
Generally, you may request H&C in your PR application. In other words, knowing that you may not be eligible for the program, you could include your H&C grounds in your application.
Further, in some cases you may receive a Procedural Fairness Letter (PFL), then you may include your H&C grounds in your response.
Thirdly, if you are a PR living outside Canada and applying for a PR travel document (PRTD), you may also request H&C. Note that you need a PRTD to return to Canada if your PR card is expired.
Lastly, if you are in an appeal at the Immigration and Refugee Board (IRB), you may also present your H&C grounds.
Where can I request H&C?
Firstly, you may make a H&C request either in or outside Canada. Note that Immigration, Refugees and Citizenship Canada (IRCC) must review in-Canada requests. If you make a request outside Canada, IRCC may or may not review it.
Therefore, if you want to request H&C, we recommend that you do so while you are in Canada.
Am I eligible to make a H&C request?
Although H&C is an option for most PR applications, not everyone is eligible to make a request. For example, if you are inadmissible to Canada due to the most serious grounds such as security or violation of human rights.
Further, depending on the inadmissible ground, you may have to solve it first. For example, if you have criminal records outside Canada, you may apply for rehabilitation.
Note that H&C is not a program for PR like sponsorship or Express Entry. In other words, the H&C process does not set eligibility requirements. Therefore, even though many may request for H&C, only people whose situation is “exceptional” may be successful.
Secondly, if you are a failed refugee claimant, you can’t make this request in 12 months.
What should I focus on in a H&C request?
There are a number of factors IRCC will look at in your H&C request. These factors include but are not limited to your establishment in Canada, ties to Canada, best interest of a child, health, and any hardships.
Further, here is a special note if a child is involved in your request. The child does not have to be yours. For some people, this could be a very helpful factor.
Again, note that there is no eligibility for H&C. Therefore, we recommend that you present as much information as possible in your request.
That being said, it will not be helpful to address why you are ineligible or inadmissible in your H&C request.
Can I include my family members?
You may include your spouse or common law partner in your PR application. Your spouse or partner can be same sex, another sex, or non-binary.
If you have children, they can also come with you to Canada. However, your children must be less than 22 years of age, and they do not have a spouse or common law partner of their own.
H&C in appeals
First of all, it is very common that people claim H&C in appeals.
There are 3 types of appeal: removal order appeal, sponsorship appeal, and residency obligation appeal. To learn more about these procedures, please visit our Services page.
Generally, you may request H&C in any of the above appeals. However, you shall ensure that you have a right to appeal.
LGBTQ immigration
Many LGBTQ people wish to move to Canada either for work or study. They will want to become permanent residents. In fact, both work experience and education in Canada will be helpful for their PR applications.
Further, some of the LGBTQ individuals may already be eligible for PR without having to work or study in Canada.
However, if you are ineligible for PR but have enough H&C factors, you may consider this process.
Book a consultation today, we can help you with your questions.
What do we do?
We work with LGBTQ people and help with their journey to Canada. At LegalRoots, client experience is what we care about. We also create a safe and friendly place for those who wish to discuss their matters with us freely.
Book an initial assessment today or contact us directly.
TAP TO CALL