Humanitarian and Compassionate (H&C) Application
Humanitarian and Compassionate (H&C) Application
Humanitarian and Compassionate (H&C) Application
Section 25 of the Immigration and Refugee Protection Act (IRPA) addresses Humanitarian and Compassionate (H&C) applications, a crucial provision that allows individuals facing exceptional circumstances to apply for permanent residence in Canada. To qualify, applicants must demonstrate that they would face unusual, undeserved, or disproportionate hardship if required to leave Canada. This legal test ensures that only those with compelling and extraordinary circumstances receive consideration.
The assessment of an H&C application is based on the comprehensive personal information provided by the applicant. Immigration officers evaluate whether the applicant’s specific circumstances merit H&C consideration. It is important to note that applications for permanent residence on H&C grounds are approved only in exceptional cases.
Who Can Apply?
H&C applications are intended for foreign nationals currently residing in Canada who can demonstrate that returning to their home country would cause undue hardship. This can include:
- Significant Establishment in Canada: Demonstrating strong family ties, long-term community involvement, and a deep integration into Canadian society.
- Adverse Conditions in the Home Country: Conditions such as conflict, persecution, or severe economic hardship that would severely impact the applicant's safety and well-being.
- Best Interests of Children: Ensuring the safety, security, and overall well- being of any children involved in the application.
- Health Considerations: Health issues that cannot be adequately addressed in the applicant’s home country, requiring continued care in Canada.
Application Process
Submitting an H&C application requires a meticulously detailed and well- documented case. Applicants must provide comprehensive evidence supporting their claim of exceptional circumstances. This may include:
- Personal Statements: Detailed narratives explaining the hardship and compelling reasons for remaining in Canada.
- Medical Reports: Documentation of any health issues that cannot be adequately treated in the home country.
- Psychological Assessments: Evidence of psychological distress or trauma that would be exacerbated by removal.
- Letters of Support: Testimonials from family, friends, employers, and community members attesting to the applicant’s integration and contribution to Canadian society.
- Proof of Establishment: Records of employment, academic achievements, and involvement in community activities.
- Children’s Best Interests: Statements and reports highlighting how the decision impacts any children involved, focusing on their health, safety, and well-being.
Assessment Criteria
Immigration officers reviewing H&C applications will consider several factors, including:
- Degree of Hardship: The severity of the hardship the applicant would face if required to leave Canada.
- Establishment in Canada: The strength of the applicant’s ties to Canada, including family connections, employment, and community involvement.
- Compassionate Circumstances: Any additional compassionate reasons that support the case, such as caring for an ill family member or the inability to access necessary medical care in the home country.
- Children’s Best Interests: The potential impact on any children involved, ensuring their needs are a primary consideration.
Decision and Next Steps
Decisions on H&C applications are made on a case-by-case basis, with a focus on the unique circumstances of each applicant. If approved, applicants will be granted permanent residence, allowing them to live and work in Canada indefinitely. If an application is denied, the applicant may have the option to seek judicial review or explore other immigration pathways.
Why Choose Us?
Navigating the H&C application process can be complex and emotionally challenging. Our experienced immigration lawyers are dedicated to providing compassionate and personalized support, ensuring that your application is meticulously prepared and presents the strongest possible case for consideration. We understand the profound impact these decisions have on your life and are committed to guiding you through every step of the process with care and expertise.