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People in Canada (and sometimes people residing outside of Canada) who do not meet any of the criteria to receive a visa to Canada can apply for permanent residence in Canada. This option is offered based on humanitarian and compassionate (H&C) grounds. Certain categories may be suitable for filing under Humanitarian & Compassionate grounds. Examples include:
During the assessment of an H&C application, immigration officers are supposed to assess the best interests of a child based on guidelines and policy. Other related factors include:
Credible third-party documentation is necessary to support the factors mentioned above. This documentation may include professional assessments by medical professionals, observations about country conditions by academics and journalists, government documentation proving income, and recommendations from persons of relevance such as employers.
H&C arguments can also be presented to excuse a failure to fall within the relevant law or policy when applying for temporary visa applications such as work permits, study permits, and visitor visas.
H&C applications are an avenue that foreign nationals can use to get permanent resident status in Canada when they do not qualify for other immigration classes. These applications are, in essence, asking for an exemption to the established law and rules of Immigration, Refugees and Citizenship Canada (IRCC).
As such, the process is a fairly complex and open-ended one that requires applicants to provide significant evidence for their claims. To succeed, H&C claims must call upon the extensive experience of experienced lawyers with in-depth knowledge of H&C immigration law.
Canada’s immigration rules state that foreign nationals applying for permanent residence in Canada must do so from outside the country. However, foreign nationals already living in Canada without a status can submit their application while in Canada for consideration on H&C grounds. Their situation will be considered as an individual case, taking into account a variety of factors.
Temporary residence requests cannot be submitted for consideration as H&C applications. Furthermore, risk factors such as risk of persecution, risk to life, or risk of cruel and unusual treatment or punishment are not grounds for an H&C application. Persons experiencing situations where such adverse effects and risks are present should consider applying for refugee status.
Chaudhary Law’s team of humanitarian immigration lawyers is well-versed in international human rights and refugee claims. We can help foreign nationals obtain refugee status in Canada.
People in Canada (and sometimes people residing outside of Canada) who do not meet any of the criteria to receive a visa to Canada can apply for permanent residence to Canada. This option is offered based on humanitarian and compassionate grounds. Examples of categories which may be suitable for this filing include:
H&C arguments can also be presented to excuse a failure to fall within the relevant law or policy when applying for temporary visa applications such as work permits, study permits, and visitor visas.
Foreign nationals living in Canada with no valid immigration status can submit a claim under humanitarian and compassionate grounds. Examples include people who have:
Some restrictions exist, however. The following categories of people cannot apply on H&C grounds:
Exemptions based on H&C grounds are exceptional. The IRCC only grants them when the evidence presented is compelling enough that the reviewing officer believes undue harm would result if they refused the application.
Submitting an H&C application does not prevent an applicant from needing to maintain their legal status in Canada. Unlike with refugee claims, Immigration, Refugees and Citizenship Canada (IRCC) can issue a removal order for an applicant whose H&C application is pending. Therefore, applicants must ensure that their work permits, study permits, or visitor visas remain valid for the entire duration of their H&C claim’s processing.
To extend their stay in Canada, foreign nationals must:
Online stay extension requests take, on average, about three months to be processed, with paper applications taking slightly longer to be completed.
If approved, applicants will receive a new status document that includes a new expiry date. If refused, applicants can only stay in Canada until the expiry date of their original temporary status.
To be eligible for a PR card renewal, an applicant must:
Before travelling outside of Canada, Canadian permanent residents should ensure that their permanent resident card (PR card) is valid for a minimum of six months. If the expiry date is less than six months away, permanent residents should submit an application to renew their PR card. PR card renewal applications can only be submitted while applicants are in Canada.
If your PR cards are lost or stolen, or if cards expire while you’re outside of Canada, you have to request a Permanent Resident Travel Document (PRTD) to come back to Canada using a commercial vehicle (plane, train, boat, bus, etc.). You can only return if you have your PRTD document in hand. Once back in the country, card renewal applications can be submitted.
For more detailed information on permanent resident cards, click here.
To submit an H&C application, applicants must:
During the assessment of an H&C application, immigration officers review the evidence presented and determine whether a person’s unique situation should grant the person permanent residence in Canada on H&C grounds. To do so, several relevant factors will be taken into consideration, with a special focus on three main factors:
An immigration lawyer can also present any other unique circumstance on behalf of the candidate seeking a visa to Canada to increase an applicant’s chances of seeing an H&C claim approved.
Credible third-party documentation is also necessary to support the factors mentioned above. These factors may include professional medical reports, observations about country conditions by academics and journalists, government documents proving income, and recommendations from persons of relevance such as employers.
If an H&C application is approved, an applicant can apply for permanent residence in Canada for H&C reasons. If the application for permanent residence is also accepted, the applicant will be granted permanent resident status in Canada.
If an H&C application is refused, the applicant can appeal to the Federal Court of Canada, but the appeal must be filed within 15 days and is a complicated process that requires the expertise of a seasoned immigration lawyer.
On average, H&C claims can take from 24 to 36 months to be processed. Depending on the situation, the process can stretch out even more, especially if information is missing or documentation is incomplete.
Applicants must ensure that they maintain their legal status while in the country and should remain in Canada during the entirety of their claim’s processing, unless they have been issued a removal order. The application can still be processed if the applicant is outside the country. International travel is not recommended as applicants must remain available for interviews or to produce additional documentation requested by the officers assigned to their file.
To apply for the Humanitarian & Compassionate Grounds, the applicant will have to fill out an application that will consist of numerous forms. If the applicant is already in Canada, they will have to fill out at least these two forms:
If the applicant is overseas:
