Humanitarian and Compassionate (H&C) Application for Canada

The Humanitarian and Compassionate (H&C) application allows individuals in Canada who do not meet the eligibility requirements of other immigration programs to apply for permanent residence. This application is often used when applicants face exceptional circumstances that warrant staying in Canada on humanitarian grounds.

What is a Humanitarian and Compassionate (H&C) Application?

A Humanitarian and Compassionate (H&C) application is an immigration process that allows individuals to apply for permanent residence in Canada based on exceptional humanitarian and compassionate grounds. It is available to people who are already in Canada but do not meet the requirements for other immigration programs.

Common reasons for applying under H&C include personal hardships, family ties in Canada, and fears of persecution or danger if forced to return to the home country. This is a discretionary process, meaning that each case is evaluated based on its unique circumstances.

Who Can Apply for H&C Consideration?

Individuals who are living in Canada without status or those who cannot apply through other immigration programs may apply for H&C consideration. Typically, you can apply if:

• You are living in Canada without status (e.g., on a visitor visa, work permit, or overstayed visa).
• You have compelling reasons to stay in Canada that are based on humanitarian and compassionate grounds.
• You cannot apply through other immigration programs such as Express Entry, Family Sponsorship, etc.

How to Apply for H&C Consideration

To apply for a Humanitarian and Compassionate (H&C) application, follow these steps:

1. Check Eligibility: Ensure you meet the requirements for H&C consideration. You must be in Canada and explain the exceptional circumstances that justify granting you permanent residency.
2. Prepare Required Documents: Gather the necessary documents, which may include:
   • Application forms (available from Immigration, Refugees, and Citizenship Canada - IRCC).
   • Proof of your status in Canada (e.g., visa, work permit, or overstayed visa).
   • Supporting documents such as medical records, letters from family members, or evidence of family ties and community involvement in Canada.
   • Proof of hardship, if applicable (e.g., financial hardship, health issues, etc.).
3. Submit Your Application: Complete the application forms and submit them along with the required supporting documents to the appropriate address or online portal (based on your case).
4. Wait for Processing: Once your application is submitted, it will be reviewed by IRCC. Processing times may vary, so check for updates on the official IRCC website.
5. Receive a Decision: After processing, you will receive a decision. If your application is approved, you will be granted permanent residence in Canada. If rejected, you may have the option to appeal.

Documents Needed for the H&C Application

To apply for a Humanitarian and Compassionate application, you will typically need the following documents:

• Application forms (available from the IRCC website).
• Proof of your current status in Canada (e.g., visitor visa, work permit, etc.).
• Supporting documents explaining your situation (e.g., medical records, family documents, etc.).
• Proof of family ties and community involvement in Canada (e.g., letters from Canadian family members, community organizations, etc.).
• Additional documentation based on your personal situation, including evidence of hardship or danger if forced to leave Canada.

Processing Time

The processing time for H&C applications can vary significantly. Some cases may take several months or even longer to process. Since the decision is discretionary, the processing time will depend on the complexity of the case and the volume of applications being processed by IRCC.

Key Considerations

• Discretionary Nature: H&C applications are highly discretionary, meaning each case is evaluated individually based on the specific circumstances of the applicant.
• High Standard of Proof: Applicants must provide detailed and strong evidence of their unique situation to justify their request for permanent residency on humanitarian grounds.
• No Guarantee of Approval: There is no guarantee of approval, and applicants should be prepared for the possibility of rejection.
• Appeals: If your application is rejected, you may have the option to appeal the decision, depending on your specific case.

Additional Information

If your situation involves complex personal or legal matters, it may be beneficial to consult with an immigration lawyer or a licensed immigration consultant to guide you through the process. You can also visit the official Immigration, Refugees, and Citizenship Canada (IRCC) website to find more detailed instructions and the latest guidelines for the H&C application process.