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Humanitarian and Compassionate Program

(H&C)

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Overview

The Humanitarian and Compassionate (H&C) application is a unique PR program alternative for individuals facing extraordinary circumstances in Canada.

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Designed for those who do not qualify under other immigration programs, this program allows applicants to demonstrate that leaving Canada would result in exceptional hardship.

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The decision for each Humanitarian & Compassionate application process is based on personal circumstances and evidence, aligning with Canada’s commitment to humanitarian values.

The H&C application processing time can vary between 1 to 3 years, depending on the complexity of the case and the backlog of applications at IRCC. Factors such as evidence quality and individual circumstances significantly affect timelines.

Processing time

Eligibility for H&C application

To apply for an Humanitarian and Compassionate application, you must demonstrate:

1

You do not qualify for permanent residency under any other PR pathway.

2

Your circumstances meet Canada immigration H&C grounds.

Grounds for H&C Applications

Humanitarian and Compassionate grounds examples including but not limited to:

  • Medical hardship:

Lack of access to necessary medical care in the home country.

  • Discrimination:

Barriers based on religion, gender, or sexual orientation.

  • Best interest of child:

Impact on a child’s health, education, or well-being if removed from Canada.

  • Establishment in Canada:

Strong community ties, employment history, or cultural integration.

  • Family separation:

Being separated from immediate family members living in Canada.

Who Qualifies?

Examples of qualified applicants include:

  • Individuals facing hardship due to medical conditions that cannot be treated adequately in their home country.

  • Elderly or widowed parents with no family support in their home country (parent sponsorship alternative)

  • Individuals facing persecution or discrimination based on religion, gender identity, or sexual orientation in their home country.

  • Families with children requiring specialized care (e.g., autism) and access critical support in Canada.

  • Well-established individuals in Canada with strong community ties.

Success Stories

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Sponsor
Widow Parent

  • A 72-year-old widowed mother was living in Canada with her permanent resident daughter.

  • She applied for permanent residency under Humanitarian & Compassionate considerations after her husband passed away. 

  • With no family support in her home country, she relied entirely on her daughter in Canada for care.

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Same-Sex Couple Facing Discrimination

A same-sex couple experienced severe discrimination in their home country. One partner was already a permanent resident in Canada, while the other was on a temporary visa.

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Special Need Child
PR Case

  • A family applied for PR under H&C grounds for their child diagnosed with autism. 

  • The lack of adequate services in their home country and the child’s access to life-changing support in Canada were key factors in their application’s success.

Who DOES NOT Qualify?

Applicants may not qualify for an H&C application if:

  • Their circumstances fail to demonstrate exceptional hardship.

  • Applicants with criminal inadmissibility or unresolved legal issues in Canada.

  • They are eligible for other immigration programs (e.g., refugee status).

  • The application is based solely on economic reasons or convenience.

Common Challenges in Applying for H&C

Applying for permanent residency under Humanitarian and Compassionate (H&C) grounds is a complex process that can be overwhelming for many applicants. While the H&C program offers a unique opportunity, it comes with its own set of challenges. Here are the most common struggles individuals face during the application process:

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Lengthy Paperwork

The Canada H&C application requirements include extensive documentation, making it challenging to complete without guidance.

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Unclear Guidelines from IRCC

Without clear guidelines, it’s easy to miss critical elements or make errors that could weaken the application.

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Time-Consuming Process

From collecting evidence and drafting letters to understanding legal provisions, the time commitment can be overwhelming.

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Difficulty Presenting the Case Properly

Presenting the case with sufficient evidence and in alignment with Humanitarian and Compassionate considerations is essential for success.

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Lack of Professional Guidance

Without the guidance of an expert, applicants often overlook critical details, fail to present their case compellingly, or submit incomplete or poorly structured applications, which can lead to refusal.

Navigating these challenges without the right resources or support can result in delays, errors, or even rejection of the application.

Given the time-sensitive and often high-stakes nature of H&C cases, it’s essential to avoid these pitfalls by seeking professional assistance or a structured approach to the process.

At our firm, we’ve designed services specifically to address these challenges.

We specializes in H&C with many case studies. We’re here to help you build a strong case to maximize your chance of a successful case.

Don’t let the complexity of the process hold you back from securing your future in Canada.

FAQ

1 / Am I eligible to apply under H&C grounds?

Eligibility depends on demonstrating exceptional circumstances, such as undue hardship or barriers in your home country.

2 / Can I apply for H&C if I’m out of status?

Yes, you can still apply, but it’s critical to provide strong evidence of your circumstances to mitigate the lack of status.

3 / What is the average processing time for H&C applications?

Processing times can range from 1 to 3 years, depending on the complexity of your case.

4 / Can I include my family in my application?

Yes, you can include eligible dependents in your application, such as a spouse or children.

5 / What kind of supporting documents do I need?

Evidence could include many things such as letters of support, to medical reports. It depends heavily on your case and each case is different. While IRCC provides you a standard checklist, it is merely enough. Our clients will get an extensive checklist that is tailored to their case and designed to strenghten the overall application.

6 / Do I need to stay in Canada while my application is being processed?

You can apply inland or outland.

  • Inland Applications: These are submitted by individuals already in Canada. Inland applicants can remain in Canada while their case is under review, and they may qualify for a work or study permit during the process.

  • Outland Applications: These are submitted by individuals outside of Canada, which is less common for H&C applications. Outland applicants are typically required to prove an exceptional link to Canada or demonstrate unique grounds for applying.

For inland applications, it is recommended to remain in Canada. Leaving the country can impact your application.

7 / Can I work or study while my application is in process?

If you already have a study or work permit, you may continue to study or work until your status expires. If you do not have a work permit, you might be eligible to apply for an Open Work Permit after stage 1 approval.

8 / What happens if my application is refused?

If refused, you may apply for judicial review or refile a new application. Consulting a professional is strongly recommended.

9 / Do I need a lawyer or consultant to apply?

While it’s not mandatory, having professional guidance can significantly increase your chances of approval.

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