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Humanitarian and Compassionate Grounds Back

What are Humanitarian & Compassionate (H&C) Applications?

Humanitarian and compassionate considerations are a discretionary type of immigration application within the Immigration and Refugee Protection Act. Almost anyone can apply to stay in Canada based on humanitarian or compassionate considerations. If you wish to apply, your chance of success will depend, in large part, on a carefully written submission and comprehensive documentation you must send along with your H&C application.

There are two aspects to your application for a stay based on humanitarian immigration to Canada that are assessed:

1. Demonstrate that you would experience unusual and undeserved or unfair hardship if you had to leave Canada, such as discrimination (not amounting to persecution) or adverse country conditions.

2. Your economic and social ties to Canada. The more documents that you can provide to demonstrate your establishment in Canada, the stronger your application will be. Such documents could include:

  • History of stable employment
  • Financial documents demonstrating positive financial management
  • Personal letters from Canadian Citizens or Permanent Residents
  • Documents showing community involvement

If you have Canadian or foreign-born children, arguments regarding their best interest can be made. This is one of the strongest arguments that can be made.

Preparing your application for a stay based on humanitarian and compassionate grounds in Canada is best handled by an experienced immigration lawyer. Contact our Expert Immigration Lawyer based in Toronto for a FREE INITIAL CONSULTATION.

How to Apply on Humanitarian and Compassionate Grounds

Humanitarian immigration to Canada applications are a lengthy process (it can sometimes take years) and there is no guarantee that your application will be approved. You cannot appeal a refused application for permanent residence on humanitarian and compassionate grounds in Canada, except in some rare cases where you may appeal to the Federal Court of Canada.

It is important to know that you can submit updates to your application at any time before a decision is made. It is actually recommended that you work with your lawyer to properly prepare periodic updates to strengthen your application. There are no reminders sent to applicants; therefore, it is your responsibility to keep your application current.

H&C applications are complex. They are one of the most challenging applications to prepare; therefore, if you believe you have strong humanitarian and compassionate grounds to stay in Canada, it is strongly recommended you contact us today to discuss your application.