Humanitarian &
Compassionate Considerations
While there are a number of immigration streams available in Canada, in some cases you may not meet any eligibility requirements and therefore, cannot remain in Canada legally by the standard processes.
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Humanitarian and compassionate considerations allow the flexibility for the government to grant permanent residence to certain individuals who would otherwise not be able to obtain this status through any other means.
The purpose of the humanitarian and compassionate (H&C) category is to provide discretion when it comes to deserving cases that are not covered by Canadian immigration legislation. The H&C process is highly discretionary and should not be used as a shortcut to permanent residence in Canada. There are certain standards that the government applies when assessing these types of applications and some considerations include:​
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hardship considerations
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inadmissibility
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best interests of the child
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family relationships
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An H&C application can be made from inside Canada or from overseas. The application process is slightly different for each of these. In both cases, there are restrictions on which applications will be examined by an immigration officer. For more information on various restrictions, you may visit the Government of Canada website.
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You are not eligible for H&C if:
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you are a Canadian citizen
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you are a Canadian permanent resident
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you have submitted an H&C application that is still in processing
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you have an outstanding refugee claim
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you became a designated foreign national within the 5 years prior to applying
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If you had a rejected refugee claim within the 12 months prior to your H&C application, or withdrew a refugee claim within the 12 months prior to your H&C application, you are not eligible to apply for H&C. This is known as the 12-month bar. There are two exemptions to the 12-month bar:
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inadequate medical or health care in the country of origin leading to a risk to life upon removal
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best interests of a child
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The onus is on the applicant
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H&C applications are highly detailed and complex. The onus is on the applicant to prove that they will suffer hardship if they are not granted permanent residence in Canada. There are various factors that are considered in these applications, including:
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the applicant's establishment in Canada
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the applicant's inability to leave Canada and how that has led to their establishment in the country
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the applicant's ties to Canada
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the best interest of any child that may be affected by the application
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health considerations
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family violence considerations
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the consequences of the applicant being separated from a relative
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country of origin factors that are unrelated to protection
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It it important to provide as many detailed documents as possible in your application to show strong reasoning for your H&C request.
