You’ve been living in Canada for some time, You’ve integrated in Canadian society. You’ve made friends, your children go to a Canadian school. You’ve made Canada a home. But now your legal status has expired and you have no other viable immigration options. Now what? Humanitarian and Compassionate grounds may be a path for you to remain in Canada permanently. In this post, we will explain what Humanitarian and compassionate grounds are, who can/can’t apply, how the process works and eligibility requirements.
What is a Humanitarian and Compassionate PR application?
The H & C PR application is a pathway available to people who have made Canada their home and established close Canadian tie but lack the legal status and are not eligible to apply for permanent residency through other options. More specifically, H & C applicants are applying because they will suffer extreme hardships if forced to return to their country of citizenship.
Who Qualifies for Humanitarian and Compassionate Grounds?
In order to prepare your applications, you must have supporting documents to prove things such as:
- Being established or settled in Canada
- Best interest of child/children
- Have family relations to Canadian citizens or permanent residents
- Canadian employment
- Completion of education in Canada
- Social ties to your community
- You would experience severe hardship or difficulties if you returned to your home country
- Proof of language skills (English and/or French)
- Property in Canada/ financial savings
- Proof of taxes filed
Who does not qualify for H&C?
In some cases, you may not be eligible for H & C grounds. Your H&C application will be refused if you:
- Are temporary resident application
- Applying for permanent resident status outside of Canada
- Have a pending refugee claim
- Have a negative decision from the Immigration and Refugee Board of Canada within the last year
- Have made more than one H&C grounds application at the same time
Humanitarian and Compassionate Reasons
You must show why you believe there are humanitarian and compassionate reason to allow you to stay in Canada. These reasons can include anything that may make others feel compassion towards your situation.
Some of the reasons you should include are:
- How established or settled you are in Canada
- Effect of family member separation
- Ties to Canada
- Child support/ spousal support ( if applicable)
- Impact of violence you have experienced or will experience if you had to return to home country
If a child will be directly affected if you had to return to your home country, it is very important to explain this. The IRCC must consider what is in the child’s best interest.
Explain any hardship you or your child/children might face including:
- Lack of adequate health care
- Law, practices or customs that could put you at risk
- Poverty
- Any form of discrimination
- Loss of employment
How IRCC decides:
The H & C application decision is discretionary, meaning that the officer has a lot of freedom in decision making. You must provide evidence and supporting documents to support your application.
How long does the application process take?
Once you have completed and submitted the application, the waiting period on average is around 24-36 months depending on your care. During the application process and waiting on a decision, you are able to remain in Canada. Any travel outside of Canada during this time is not recommended.
Akrami and Associates
Humanitarian and Compassionate Grounds applications for permanent residency are highly complex applications. In order for the officer to grant the exemption, the applicant must prove compelling humanitarian and compassionate factors to warrant a positive decision. Simply put, these applications are special cases that need the right approach in preparing to increase your chance at success.
Here at Akrami and Associates, we regularly help many of our clients with the most complex cases, with a high success rate. If you want more details or are ready to get started contact us today. 416-477-2545 or This email address is being protected from spambots. You need JavaScript enabled to view it.