Applications humanitaires (H&C)

Humanitarian and Compassionate considerations (H&C) may allow certain foreign nationals in Canada to request permanent residence, or an exemption from specific immigration requirements, where exceptional personal circumstances justify special consideration.

H&C is not a regular permanent residence program and is not intended as an alternative simply because someone does not qualify under another immigration pathway. Applications are assessed individually, based on the circumstances and evidence presented.

Anka Canada Immigration Consulting assists applicants with assessing whether humanitarian and compassionate considerations may be relevant, identifying the factors and exemptions that need to be addressed, and preparing supporting submissions and evidence.

Services are provided by Volkan Sacilik, RCIC-IRB, CICC Licence No. R1042981.

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When May H&C Be Considered?

H&C may be relevant where a foreign national is living in Canada, cannot normally apply for permanent residence from within Canada through an available immigration class, and believes that their circumstances justify an exemption from one or more requirements of Canadian immigration law.

The applicant must explain what exemption is being requested and why the overall circumstances justify granting it.

The inconvenience or expense of leaving Canada and applying through a regular immigration process is not, by itself, normally sufficient for H&C consideration.

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What Factors Can IRCC Consider?

There is no single factor that automatically results in approval. IRCC considers the circumstances of the case as a whole.

Relevant factors may include:

• establishment in Canada;

• family relationships and ties in Canada;

• the best interests of children directly affected;

• hardship or consequences if the requested exemption is not granted;

• conditions in the applicant's country of origin;

• health-related circumstances;

• family violence or difficult family circumstances;

• separation from close relatives; and

• other unusual or compelling personal circumstances.

The importance of each factor depends on the individual case and the evidence supporting it.

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Establishment in Canada

An applicant's life and establishment in Canada may form an important part of an H&C application.

Evidence may relate to matters such as:

• length and circumstances of residence in Canada;

• employment and financial history;

• education;

• family and community relationships;

• volunteer or community involvement;

• integration into Canadian society; and

• the life the applicant has built while in Canada.

Establishment is not assessed in isolation. IRCC considers it together with the other humanitarian and compassionate factors raised in the application.

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Best Interests of a Child

Where a child would be directly affected by the decision, the best interests of that child must be considered as part of the H&C assessment.

Depending on the circumstances, relevant evidence may include the child's:

• age and level of dependency;

• relationship with the applicant and other family members;

• education and life in Canada;

• physical or emotional well-being;

• circumstances in the country to which the applicant may have to return; and

• potential consequences of family separation or relocation.

The presence of a child does not automatically result in approval, but the effect of the decision on a directly affected child can be an important part of the overall assessment.

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H&C Is Different From a Refugee Claim

An H&C application and a refugee protection claim serve different purposes.

IRCC does not assess H&C applications by determining whether the applicant faces persecution, torture, risk to life or cruel and unusual treatment or punishment in the same way those risks are assessed through Canada's refugee or protection processes.

However, difficult conditions in the country of origin and the consequences those conditions may have for the applicant can still be relevant to the broader humanitarian assessment when properly framed and supported by evidence.

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Previous Refugee Claims and the 12-Month Bar

Special restrictions can apply to people who have recently had a refugee claim refused, abandoned or withdrawn.

In many cases, an applicant cannot submit an H&C application during the 12 months following certain negative refugee-claim outcomes.

There are limited exceptions, including circumstances involving a child under 18 who would be directly and adversely affected, or certain serious medical situations where adequate treatment is unavailable in the country of return.

Because the exact refugee history and dates matter, this issue should be reviewed carefully before an H&C application is prepared.

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Does an H&C Application Stop Removal From Canada?

No.

Submitting an H&C application does not automatically stay or delay removal from Canada.

If an applicant is subject to an enforceable removal order, they may still be required to leave Canada while the H&C application is being processed. IRCC can continue processing the application after departure.

This distinction is particularly important when an applicant is already involved in enforcement proceedings.

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Building the Evidence for an H&C Application

H&C applications are highly fact-specific.

The applicant is responsible for presenting the circumstances and supporting evidence they want the decision-maker to consider. IRCC specifically instructs applicants to provide the details and documentation supporting the requested exemptions and claimed hardship.

Depending on the case, supporting evidence may include:

• immigration and status records;

• employment and financial documents;

• tax records;

• school records;

• medical or professional evidence;

• evidence concerning children;

• family and relationship documentation;

• community involvement;

• support letters; and

• objective information about relevant conditions outside Canada.

The strength of an H&C application therefore depends not only on the circumstances themselves, but also on how those circumstances are documented and connected to the exemptions being requested.

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How Anka Canada Immigration Consulting Can Assist

Anka can review your immigration history, establishment in Canada, family circumstances, the interests of any affected children and other relevant factors to assess whether H&C considerations may warrant further review.

Where retained, we can identify the exemptions being requested, organize the supporting evidence and prepare the permanent residence application together with detailed representative submissions addressing the circumstances of the case.

The objective is to present a complete and coherent application that explains both the legal relief being requested and the evidence supporting the humanitarian and compassionate circumstances.

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Important Information

Humanitarian and compassionate applications are discretionary and highly dependent on individual circumstances. Restrictions may also apply depending on previous refugee proceedings, removal history, inadmissibility or other immigration factors.

This page provides general information only and does not guarantee that H&C considerations will apply, that an exemption will be granted or that permanent residence will be approved.