Immigration Law

A Humanitarian and Compassionate (H&C) Grounds Application is a special request to Immigration, Refugees and Citizenship Canada (IRCC) for permanent resident status based on exceptional personal circumstances. 

This process is intended for people who do not qualify for permanent residency through standard immigration streams but have compelling humanitarian or compassionate reasons to remain in Canada.

Applicants must demonstrate that returning to their home country would cause them significant hardship or that their removal would negatively impact their family, especially children. 

The application is assessed on a case-by-case basis, considering the applicant’s individual situation and the evidence provided.

Before considering an H&C application, it is important to understand the eligibility criteria. This program is designed for foreign nationals living in Canada who need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) to apply for permanent residency.

You may be eligible if:

• You are currently in Canada and do not qualify for other immigration programs.
• You are facing exceptional hardship if required to return to your home country.
• You have established significant ties to Canada.
• The best interests of a child would be negatively affected by your removal.

However, certain individuals are not eligible to apply:

• Those with a pending refugee claim (unless withdrawn before the Immigration and Refugee Board hearing).
• Individuals who received a negative decision from the IRB within the last 12 months (with exceptions for certain children and medical cases).
• Applicants seeking only temporary resident status.

Choosing the right legal representation is crucial for a successful H&C application. At Affinity Law, our Toronto-based humanitarian and compassionate grounds lawyers offer:

Our team provides personalized legal strategies, comprehensive documentation support, and clear communication throughout the process. We have a proven track record of helping clients secure positive outcomes in complex cases.

• Personalized legal strategies tailored to your unique circumstances.
• Assistance in gathering and presenting strong evidence.
• Guidance through every step of the application process.
• Representation in appeals to the Federal Court if your application is refused.

When reviewing an H&C application, immigration officers consider a range of humanitarian and compassionate factors. There is no strict checklist; instead, each case is assessed individually, focusing on the following elements:

Before listing these factors, it’s important to note that the strength of your application depends on how well you present your circumstances and supporting evidence.

• Establishment in Canada: How well you have settled, including employment, education, and community involvement.
• Family Ties: Close family members in Canada include children, spouses, or extended relatives.
• Best Interests of Children: The impact on children if you are removed from Canada, including their emotional, educational, and social well-being.
• Hardship in Home Country: Risks, dangers, or severe difficulties you would face if returned, including threats to safety, lack of medical care, or discrimination.
• Medical Needs: Any health conditions that cannot be treated in your country of origin.
• Economic Establishment: Your ability to support yourself and contribute to Canadian society.
• Other Unique Circumstances: Any additional factors that demonstrate why you should be granted an exemption.

Applicants often base their requests on a combination of the following reasons:

• Understanding these grounds can help you and your lawyer build a compelling case.
• Long-term establishment and integration in Canada.
• Family ties and relationships in Canada.
• The best interests of the children are involved.
• Medical issues that cannot be treated in the applicant’s home country.
• Hardships or risks are faced if one returns to the country of origin.
• Domestic violence or human rights violations.
• Economic establishment or potential in Canada.

Applying for permanent residency on humanitarian and compassionate grounds involves several steps. Each stage requires careful attention to detail to ensure your application is complete and well-supported.

1. Initial Consultation

Before starting the application, schedule a consultation with a qualified humanitarian and compassionate grounds lawyer.

• Assess eligibility and discuss your unique circumstances.
• Identify the strengths and potential challenges of your case.

2. Gathering Evidence

Strong supporting evidence is essential for a successful application.

• Collect documents proving your establishment in Canada, family ties, medical needs, and other relevant factors.
• Obtain letters of support from employers, community leaders, and family members.

3. Preparing the Application

The application must be thorough and clearly outline the exemptions you are requesting under the IRPA.

• Complete the required forms, including the Generic Application Form for Canada (IMM 0008).
• Clearly indicate the exemptions you are requesting and provide detailed explanations.

4. Submitting the Application

Once your application is ready, it must be submitted to IRCC along with the required fees.

• Submit your application package to IRCC.
• Pay the processing fee ($635) and the right of permanent residence fee ($575), totaling $1,210.

5. Waiting for a Decision

Processing times can vary, but most H&C applications take between 24 and 36 months.

• Remain in Canada during processing, unless you have been issued a removal order.
• Be prepared to respond to requests for additional information or interviews.

6. Responding to Requests

Stay available and responsive throughout the process.

• Provide additional documents or attend interviews if requested by immigration officers.

7. Outcome

If your application is approved, you can apply for permanent resident status in Canada. If refused, you may appeal to the Federal Court within 15 days.

A well-prepared application significantly increases your chances of success. Before listing specific tips, it’s crucial to understand that every detail matters.

• Provide detailed explanations of your circumstances and why you should be granted an exemption.
• Include strong supporting evidence: letters, medical reports, school records, and proof of community involvement.
• Highlight the best interests of children: emphasize how your removal would affect any children involved.
• Demonstrate hardship: show the specific risks or difficulties you would face if returned to your home country.
• Seek legal guidance: an experienced humanitarian and compassionate grounds lawyer can greatly improve your chances of success.

Applying for permanent residency on humanitarian and compassionate grounds is a complex and lengthy process. Mistakes or missing documents can lead to delays or refusals. 

That’s why working with a knowledgeable, humanitarian, and compassionate grounds lawyer is essential. At Affinity Law, we provide comprehensive support from the first consultation to the final decision, ensuring your application is as strong as possible.

If you are considering a Humanitarian and Compassionate Grounds Application or need expert advice from a humanitarian and compassionate grounds lawyer in Toronto, reach out to Affinity Law today. 

Our team is ready to guide you through every step of the process with compassion, professionalism, and dedication. Schedule Your FREE Consultation with the Expert Immigration Consultant.

Humanitarian and Compassionate Grounds Applications offer a crucial lifeline for individuals and families facing exceptional circumstances in Canada. With the right legal support, thorough documentation, and a compelling narrative, you can maximize your chances of a successful outcome. If you or someone you know needs help with an H&C application, contact Affinity Law, Toronto’s trusted experts in humanitarian and compassionate grounds immigration law.