Humanitarian & Compassionate (H&C) Applications

Section 25 of the Immigration and Refugee Protection Act (IRPA) provides an option for foreign nationals who do not meet regular PR criteria to apply on Humanitarian & Compassionate (H&C) grounds. This pathway is reserved for individuals facing exceptional circumstances that would make it difficult or unsafe to return to their home country. H&C applications are considered on a case-by-case basis, based on personal circumstances and the hardship the applicant would face if required to leave Canada.

H&C applications are available to foreign nationals currently residing in Canada who:

• Are ineligible for PR through other programs.
• Can demonstrate compelling reasons for needing to stay in Canada.
• Can show that leaving Canada would cause them undue hardship, which could include lack of support, medical issues, or family ties in Canada.

Immigration officers assess several factors when reviewing H&C applications:

Hardship

The level of hardship the applicant would experience if required to leave Canada, including potential risks to safety, health, or well-being.

Establishment in Canada

The applicant's degree of integration in Canada, including employment, financial stability, community involvement, and other contributions to Canadian society.

Family and Community Support

The presence of family members and social support networks within Canada, which could influence the applicant's well-being if separated.

Best Interests of the Child

If children are involved, their welfare is given special consideration, as the IRPA requires officers to consider the best interests of any children affected by the application.

1. 01Prepare a Detailed Application — Applicants must submit a well-documented application, outlining the reasons they are unable to return to their home country and the hardship they would face. Supporting evidence may include medical records, community involvement, family connections, and financial stability.
2. 02Submit to IRCC — The completed application is sent to IRCC for consideration.
3. 03Waiting Period — Processing times for H&C applications vary significantly, often taking several months to years due to the careful consideration each case requires.
4. 04Decision — Approved applicants may be granted PR status on H&C grounds. If the application is refused, applicants may have the option to seek judicial review of the decision in Federal Court.

At Lev Law, we assist clients in preparing compelling H&C applications by:

• Documenting personal hardships clearly and persuasively.
• Ensuring all IRCC forms are properly completed and submitted.
• Highlighting establishment in Canada and addressing admissibility risks.
• Emphasizing the best interests of any children involved.