What Is a Humanitarian and Compassionate Application?
A Humanitarian and Compassionate (H&C) application is a request for exemption from immigration requirements based on humanitarian and compassionate grounds. Unlike a refugee claim or PRRA, an H&C application does not require you to prove persecution or risk of harm. Instead, it focuses on the hardship or humanitarian concerns associated with your removal from Canada.
Purpose of H&C Applications
H&C applications exist to provide a pathway to permanent residence for people who do not meet the criteria for refugee protection or other immigration programs but who would face unusual, undeserved, or disproportionate hardship if required to leave Canada. The application asks decision-makers to exercise discretion in consideration of compelling human circumstances.
How H&C Differs From Refugee Claims
A refugee claim focuses on persecution or risk based on protected grounds. An H&C application is not based on persecution. Instead, it may be based on family separation, the best interests of children, establishment in Canada, medical conditions, or other humanitarian concerns. An H&C can be applied for even after a refugee claim is refused.
Who Can Apply for H&C?
Many people facing removal from Canada may be eligible to apply for H&C relief. Understanding eligibility is the first step in considering whether this option applies to you.
General Eligibility
Generally, any person facing removal from Canada can apply for H&C relief. This includes people whose refugee claims were refused, people on expired temporary resident status, people who have committed crimes but are not excluded from discretionary relief, and people from countries where removal would cause unusual hardship.
When You Cannot Apply
Some people cannot apply for H&C relief. If you were found to be a security risk, a danger to the public, or if you were convicted of a serious crime that results in exclusion from protection, your H&C application may be rejected without full consideration. If you are outside Canada, you generally cannot apply for H&C unless you have a removal order pending and you are seeking exemption from it.
Timing of H&C Application
An H&C application may be filed at any stage of your immigration proceedings. You can file an H&C while your refugee claim is being heard, after your refugee claim is refused, or even while your removal is pending. Filing early allows more time for consideration, but applications can be filed at any time.
Grounds for H&C Consideration
H&C applications can be based on a variety of humanitarian and compassionate grounds. Understanding what may constitute valid grounds is essential to building a strong application.
Family Separation
If your removal would separate you from family members who are Canadian citizens or permanent residents, this may constitute H&C grounds. The closer the family relationship and the longer the period of separation, the stronger this argument. Separation from a spouse, children, or close family is particularly compelling.
Medical Conditions
If you have a serious medical condition and treatment is unavailable or significantly more expensive in your country of origin, this may support H&C relief. You must provide medical evidence of your condition and the unavailability of treatment in your country.
Length of Residence
The longer you have resided in Canada, the stronger your H&C application. If you have lived in Canada for many years, have established yourself, have community ties, and have built a life here, this may support H&C relief.
Employment and Education
If you are employed in Canada, have advanced education or training, or are pursuing education, this demonstrates establishment and may support H&C relief. Documentation of employment, letters from employers, and educational records are helpful.
Community Ties
Evidence of community involvement, volunteer work, relationships with community organizations, or cultural participation demonstrates establishment in Canada. This can support H&C relief.
Best Interest of the Child
The best interests of the child is a critical consideration in H&C applications. If removal would negatively affect a child, this is a strong basis for H&C relief.
Assessing Best Interest of the Child
Decision-makers must consider the best interests of any child affected by the H&C decision. This includes children in Canada (whether Canadian citizens, permanent residents, or on temporary status) and may include children outside Canada in your custody.
Factors Considered
The decision-maker will consider how long the child has been in Canada, what ties the child has to Canada (such as school, friends, and community), the child's age and ability to adapt to life in your country, the educational and healthcare options available to the child in your country, and whether the child would be separated from a parent if removal proceeds.
Evidence for Child-Based H&C
- Birth certificates and custody documentation
- Letters from the child's school and teachers
- Medical records showing the child's health status
- Letters from friends, coaches, or community members who know the child
- Psychological or counseling reports if the child would experience trauma from separation
- Information about educational and healthcare options in the country of origin
Establishment in Canada
Establishment in Canada is a major factor in H&C applications. The more you have integrated into Canadian society, the stronger your case.
What Constitutes Establishment?
Establishment includes residence in Canada for a significant period, employment or business ownership, property ownership, enrollment in school or professional development programs, community involvement, and social integration. The combination of these factors demonstrates that you have become established in Canada and that removal would cause significant disruption to your life.
Employment and Income
Evidence of stable employment demonstrates establishment. Letters from employers, employment records, tax returns, and income documentation are helpful. If you are self-employed, provide business registration documents and financial records.
Property and Assets
If you own property in Canada (a home or other real estate), this is strong evidence of establishment. Similarly, if you have invested in business or other assets in Canada, this demonstrates commitment to staying in Canada.
Social and Cultural Integration
Evidence of learning English or French, participation in Canadian cultural events or community organizations, volunteer work, friendships, and community involvement all demonstrate integration. Letters from friends, community organizations, religious institutions, or others who know you can support this.
Family Separation and Hardship
Family separation is one of the strongest bases for H&C relief. If your removal would separate you from family members who are in Canada, this creates compelling humanitarian grounds.
Spousal Separation
If you are married to or in a common-law partnership with a Canadian citizen or permanent resident, separation from your spouse is a strong H&C ground. You must demonstrate the legitimacy of the relationship and the hardship that separation would cause.
Parent-Child Separation
If you are a parent of a Canadian citizen or permanent resident child, or if your child was born in Canada and is establishing a life here, separation is a strong H&C ground. Similarly, if you are dependent on an adult child in Canada for care or support, this may support H&C relief.
Demonstrating Hardship
To demonstrate hardship from family separation, provide evidence of the depth and quality of family relationships. Letters from family members, photos, communication records, and descriptions of shared activities and support all help demonstrate the bonds that would be broken by separation.
Situation in Country of Origin
If you cannot be reunited with family members in your country of origin (for example, because they are deceased or estranged), the separation becomes even more significant. Document the family situation in your country.
How to Apply for H&C Relief
The H&C application process requires careful preparation and thorough documentation to present a compelling case.
Application Process
An H&C application is submitted to Immigration, Refugees and Citizenship Canada (IRCC). You complete an application form and submit it with supporting evidence. If you are in Canada, you may apply while your other immigration proceedings are ongoing. If you are outside Canada, you typically must have a removal order for your H&C application to be considered.
Required Documentation
- Completed H&C application form
- Written narrative explaining the humanitarian and compassionate grounds for your application
- Personal identification documents
- Evidence of family relationships (marriage certificate, birth certificates, etc.)
- Employment documentation and income records
- Property ownership documents or lease agreements
- Educational records or enrollment letters
- Letters of support from friends, employers, or community members
- Medical reports (if health is a factor)
- Evidence of community involvement
Application Fees
There is a processing fee for H&C applications. Fee amounts may vary, so check with IRCC for current fees. Fee waivers may be available if you are experiencing financial hardship.
Timeline and Decision Process
Understanding the timeline and how decisions are made can help you manage expectations during the H&C process.
Processing Timeline
H&C applications can take significant time to process. Timelines vary depending on processing volumes and application complexity. Some applications may take six months to a year or longer to receive a decision.
Who Makes the Decision?
H&C applications are decided by senior immigration officers at IRCC. These officers have discretionary authority to grant H&C relief if they find that compelling humanitarian and compassionate grounds exist.
Decision Criteria
The decision-maker will weigh the humanitarian and compassionate grounds you have presented against any concerns related to your immigration history or conduct. They will consider whether, in all the circumstances, it would be unusual, undeserved, or disproportionate to proceed with your removal.
If Your H&C Is Granted
If your H&C application is granted, you are usually approved for permanent residence and can remain in Canada. You will then go through the process of becoming a permanent resident and receiving your PR card.
If Your H&C Is Refused
If your H&C application is refused, you may request the decision be reviewed, may apply to the Federal Court for judicial review, or may pursue other options. Consult with a lawyer about your options after an H&C refusal.