Humanitarian And Compassionate Considerations H&C

Humanitarian And Compassionate Considerations

When you submit an application with Humanitarian and Compassionate considerations, you are asking for special consideration to be given with respect to your application. These considerations are often requested when people do not meet certain criteria to have their application processed and without this consideration, could face refusal.

Humanitarian and Compassionate Considerations are attached to an application and reflect on your unique and current situation while asking the officer to consider this when rendering your decision.

H & C Applications

As per the Regulation, an Immigration Officer making a decision on a matter in certain circumstances, has the right to use their discretion to “bend the rules” to accommodate certain requests. This does not mean applicants have the right or ability to undercut the immigration system, it means that officers are able to consider certain extenuating factors when making decisions on applications.

The most common request with Humanitarian and Compassionate considerations is for Permanent Residence within Canada. Typically, you must apply for Permanent Residence from outside Canada, however, you may request special consideration in this regard if you feel you would face undue hardship should you be forced to exit Canada.

Qualifying for Humanitarian and Compassionate Consideration

As mentioned, Humanitarian and Compassionate considerations are not meant to undercut the Canadian Immigration System but instead, offer a solution to those who have no other options. In order to qualify, you:

  • Are a foreign national currently in Canada;
  • Need an exemption to one or more requirements to allow you to apply for Permanent Residence;
  • Will experience undue and disproportionate hardship should you be forced to exit Canada; and
  • Do not qualify under the family class, live in caregiver category, protected person or refugee or Temporary Resident Permit holder.

Factors that May Be Considered

Examples of the factors that may be considered include, but are not limited to:

  • Establishment in Canada for example owning or renting property
  • An inability to leave Canada that has led to establishment for example, working or giving birth in Canada
  • Ties to Canada
  • Best interests of any children affected by your application
  • Health considerations
  • Family violence considerations
  • Consequences of your separation from relative
  • Factors in your country of origin, any hardships you might face
  • Any other relevant factors you wish to have considered that are not related to seeking protection.

Best interests of the child

The best interests of any children directly affected by the decision made on your application will be taken into consideration as well. Immigration Officers must take into consideration in the assessment of your application.

Factors related to the best interests of the child may include but are not limited to the:

  • age of the child,
  • child’s establishment in Canada,
  • conditions in the country of origin that could impact the child,
  • medical needs of the child,
  • child’s education, or
  • child’s gender.

The best interests of a child do not outweigh all other factors in a case. The best interests of the child are only one of many important factors that will be considered by the decision maker.

Demonstrating Considerations

As the applicant, you are responsible for making sure that all circumstances and factors that you wish to have considered are provided in your application. You will need to demonstrate the various reasons you are requesting an example including any hardships you may face.

This includes the hardships you will face should you not receive the exemption you are requesting. These hardships need to be considered disproportionate, unusual or undeserving.

For example, if you are claiming hardship arising from circumstances in your home country, hence why you have remained in Canada, your supporting documents may include:

  • The hardship you anticipate,
  • Whether the hardship would be faced in all areas of the country or specifically where you would reside,
  • Whether you ever sought assistance from the authorities, including police or non-governmental organizations, to change or improve your situation in your country, and
  • If you have not sought assistance from within your country, you must provide reasons why you have not done so.

What You Will Need

The focus of Humanitarian and Compassionate arguments typically involve making strong arguments that attest to your ties to Canada. If you have centralized a way of life in Canada, legally or otherwise, you are entitled to request that you be allowed to remain in Canada.

For example, if you came to Canada on a visitor visa and remained in Canada for years after, centralizing a way of life in Canada and developing strong ties to the country, you can request that your application for Permanent Residence be processed on these merits and the hardship you might face should you be forced to exit Canada.

How We Can Help

The first thing we will need to do is assess the unique merits of your situation. We will need to understand your situation and outline a catered list of documents that would demonstrate why you might qualify for Humanitarian and Compassionate considerations.

The most important aspect of such applications is demonstrating that you have centralized a way of life in Canada and that to remove you from the country would cause you and undue and disproportionate amount of hardship. This could also involve assessing the situation in your home country and how that might affect you should you be forced to exit Canada.

We will assist you:

  • Draft the necessary forms;
  • Draft appropriate supporting documentation demonstrating your skills, education, experience, ties to Canada and how you have centralized your way of life in Canada.;
  • Demonstrate that you are well suited for Permanent Residence in Canada;
  • Demonstrate the undue hardship you would have to suffer if you were not allowed into Canada;
  • Compile the strongest possible case as per your unique situation;
  • Prepare you for your for any interview should one be requested;
  • Follow up with Citizenship and Immigration Canada on your matter to ensure the fastest possible processing time; and
  • Of course, be with you every step of the way.

For more information on applying with Humanitarian and Compassionate arguments, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.,

The Canadian government provides various options for people attempting to enter Canada, either to work, study, and visit or stay permanently. But they also have established rules and regulations that govern each category. What happens if all your attempts to stay in Canada fail? The Canadian government has developed the Humanitarian and Compassionate class (H&C). The H&C class is basically a last resort for immigrants to stay in Canada, by asking for special permission on the bases of humanitarian and compassionate ground.

In your application, it is important that you prove that you will face great hardship and prejudice if you are deported to your home country, and that you are already established in Canada. For instance, you can show that you have made efforts to improve your English/ French language skills, which shows your attempt to integrate with the Canadian society. If you have family in Canada, or have Canadian born children, jobs you have had in Canada, your assets in Canada ( bank accounts, RESPs, business vehicles), the taxes you paid, or any contributions you made to the Canadian society can help strengthen your case.

Another ground, you may be able to argue is if you risk persecution, torture or risk facing any cruel or punishment when you return home. For instance, if you are a woman and your home country is known to treat woman poorly, then you can present any articles or United Nations reports that may help you prove that fact.

H&C applications can be very complicated, as generally the chances of succeeding are very low. The way you present your case is extremely important. It is up you as the applicant to present a case that is convincing and your application is complete, as if your application is denied under this category, your only option is to apply to Federal Court of Canada for a judicial review or appeal. IF your application is incomplete, the immigration officers are not obligated to inform you of any missing information.

Please contact us if you require assistance presenting your claim or have general questions about H&C.

Even if you don’t qualify to immigrate under one of Canada’s immigration programs, you may still qualify under humanitarian and compassionate grounds, according to Canada Immigration and Citizenship office; a person can apply on Humanitarian and compassionate grounds only if they meet certain criteria such as:

  • You reside in Canada and how well you are settled
  • General family ties to Canada
  • The best interests of any children involved, and
  • What could happen to the applicant if the request is not granted (any hardships they can face if they were to leave the country)

H&C Requesting Exemption

Applicant who is applying under H&C must show that mentioned above circumstances are indeed exceptional. If the Immigration authorities are of the opinion that such special circumstances exist, the individual will be granted an exemption from visa requirements and granted permission to remain in Canada as a permanent resident.

An H&C case depends on immigration officer evaluating the case who is the only one that can deny or support the case focused around their own particular evaluation. That is why it is very essential to set up an exceptionally solid case gather convincing supporting documentation in backing of the Humanitarian and Compassionate Application.

H&C After you Apply

An H&C application processed you may be called for interview with CIC, so it very important for applicant of H&C should not travel during their application process as this may cause to weaken your case.

Also, your application must be completed with all the essential the information filled in otherwise it would be returned back to you, so it is very important for the applicant who is applying on H&C grounds must prepare his or her case in strong standings.

Canada is a land of opportunity, productivity and understanding. That being said, it offers one of the world’s most accommodating immigration systems, taking into account a variety of unique circumstances and needs.

Unlike most countries, Canada will consider Humanitarian and Compassionate considerations. This means that even those who do not meet certain requirements may still be able to obtain status in Canada in light of extenuating circumstances.

What are H & C Considerations?

Humanitarian and Compassionate considerations exist when there are extenuating circumstances that may prevent you from meeting requirements of an application. By making an application with Humanitarian and Compassionate considerations, you are requesting an exemption based on your current and unique situation.

The most common exemption is requesting that your Permanent Residence application be processed from within Canada. Typically, most Permanent Residence applications must be processed from outside Canada before you obtain your status in Canada. For those who entered Canada and remained here illegally for many years, for example, and have centralized their way of life in Canada – they may qualify for such an exemption.

An application for Humanitarian and Compassionate Considerations is by no way a means to undercut or short cut the immigration system and will only be approved under the Minister’s discretion.

Demonstrating Considerations

As the applicant, you are responsible for making sure that all circumstances and factors that you wish to have considered are provided in your application. You will need to demonstrate the various reasons you are requesting an example including any hardships you may face.

This includes the hardships you will face should you not receive the exemption you are requesting. These hardships need to be considered disproportionate, unusual or undeserving.

For example, if you are claiming hardship arising from circumstances in your home country, hence why you have remained in Canada, your supporting documents may include:

  • The hardship you anticipate,
  • Whether the hardship would be faced in all areas of the country or specifically where you would reside,
  • Whether you ever sought assistance from the authorities, including police or non-governmental organizations, to change or improve your situation in your country, and
  • If you have not sought assistance from within your country, you mustprovide reasons why you have not done so.

If you are seeking special consideration on an application, you will need to request Humanitarian and Compassionate considerations. When requesting Humanitarian and Compassionate considerations you can essentially plead your case to an Immigration Officer making a decision on your matter.

However, just because you make these requests and provide your reasons does not necessarily mean that an officer will find you eligible for exemption based on Humanitarian and Compassionate consideration. Many people do not understand the complexity of such applications and expect that their reasons or viable enough to allow them an exemption to an immigration regulation. In fact, it is the opposite.

Factors that May Be Considered

Examples of the factors that may be considered include, but are not limited to:

  • Establishment in Canada for example owning or renting property
  • An inability to leave Canada that has led to establishment for example, working or giving birth in Canada
  • Ties to Canada
  • Best interests of any children affected by your application
  • Health considerations
  • Family violence considerations
  • Consequences of your separation from relative
  • Factors in your country of origin, any hardships you might face
  • Any other relevant factors you wish to have considered that are not related to seeking protection.

Best interests of the child

The best interests of any children directly affected by the decision made on your application will be taken into consideration as well. Immigration Officers must take into consideration in the assessment of your application.

Factors related to the best interests of the child may include but are not limited to the:

  • age of the child,
  • child’s establishment in Canada,
  • conditions in the country of origin that could impact the child,
  • medical needs of the child,
  • child’s education, or
  • child’s gender.

The best interests of a child do not outweigh all other factors in a case. The best interests of the child are only one of many important factors that will be considered by the decision maker.