Humanitarian and Compassionate Applications (H&C)

Canadian immigration law provides a pathway for individuals to apply for permanent residence on humanitarian and compassionate (H&C) grounds, even when they may not otherwise meet the requirements for PR. An H&C application lawyer at Unified Immigration Lawyers can help assess your situation and help gather evidence to support your application.

​Individuals who find themselves in Canada without status who have been living in Canada for at least 3 years may be good candidates to apply for permanent residence through H&C.

The legal test sets out specifically that applicants must clearly demonstrate that they would experience unusual and undeserved or disproportionate hardship if they were required to leave Canada.

The application will be assessed on the information the applicant provides and a decision will be made based on the applicant’s personal circumstances and whether these particular circumstances merit H&C consideration. Applications to become a permanent resident on H&C grounds are approved only in exceptional circumstances. It can take many years to process an application.

There is no guarantee that your application will be approved. If refused, in certain cases asking the Federal Court of Canada to review the decision is advisable. Many in-land H&C applications are based on a significant degree on economic and cultural establishment in Canada.

Factors that will be considered:

• Does the applicant have a history of stable employment?

• Is there a pattern of sound financial management?

• Has the applicant integrated into the community through community organizations, volunteer or other activities?

• What hardship would occur if the application for a visa exemption were refused:

  • the level of inter-dependency, support available in the home country

  • whether the applicant is able to work

  • is there a significant degree of establishment

Immigration Legislation also cites a statutory obligation to take into consideration the best interests of the child when examining and deciding the circumstances of a foreign national making a H&C Application. This is one of the strongest factors that can be argued under H&C applications.

How to Apply for PR on Humanitarian and Compassionate Grounds

1. Determine your eligibility

H&C applications are generally for people in Canada who do not qualify for permanent residence through the usual immigration programs, such as economic, family sponsorship, or other available pathways. If you are unsure whether you qualify for another program, an immigration lawyer can review your circumstances and explain whether H&C may be an option for you.

2. Gather any relevant documents

Depending on your situation, this could include employment and financial records, proof of community involvement, family documents, evidence of establishment in Canada, and documents relating to children or other relevant circumstances.

Document checklist for H&C applications → 

3. Complete & submit the required forms to IRCC

In addition to the required documents, there are several forms that you and any family members 18 or older must complete and submit to Immigration, Refugees and Citizenship Canada (IRCC) online through the Canadian government’s PR application portal—physical forms are also available by request. 

How Our H&C Application Lawyers Can Help

Our immigration lawyers can assess whether your circumstances may support an application for permanent residence in Canada on humanitarian and compassionate grounds. We can help identify relevant factors, prepare supporting evidence, and present the circumstances of your case in the context of the H&C legal test.

Depending on the circumstances of your case, this may include documenting your establishment in Canada, employment and financial history, community involvement, family relationships, and the potential hardship of having to leave Canada. Where children are affected, we can also address the best interests of the child as part of the H&C application. 

For more information, book a consultation with one of our experienced H&C application lawyers today.