Humanitarian and Compassionate (H&C) Application
A Humanitarian and Compassionate (H&C) application is a request to IRCC for special permission to become a permanent resident of Canada. You might make an H&C application when you do not qualify for other immigration programs. An H&C is usually a last attempt to remain in Canada.
In an H&C application, you need to show that there are important reasons why you should be allowed to stay in Canada. Usually, H&C applications show things like how connected you and your family are to Canadian life or how children in your life would be affected if you had to leave Canada. They might also include why you would experience hardships – meaning very difficult circumstances – if you have to return to your country.
Who can apply
Before you can make an H&C application, you have to wait for 12 months after the IRB-RPD or IRB-RAD reject your refugee claim. You also normally have to wait 12 months if you withdraw or abandon your refugee claim.
You may not have to wait to apply if you can show:
Child’s Best Interests:This is often a key consideration in immigration cases, especially when it comes to determining whether a child should be separated from a parent or if a family should be allowed to stay together. Authorities consider factors like the child's well-being, education, and potential impact on their development when deciding such cases.
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Health Care Risks:If an individual faces serious health risks upon returning to their home country—whether due to lack of access to necessary medical care, dangerous conditions, or inadequate health services—this can also form a basis for requesting asylum or other protections in Canada.
Be aware, some people are not allowed to make an H&C application. You cannot apply for H&C if:
Refugee Claim in Process:You have submitted a claim for refugee status in Canada, seeking protection due to fears of persecution or harm if you return to your home country. While the claim is being processed, you are typically protected from deportation and may be eligible for certain rights and services in Canada.
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Designated Foreign National (DFN):You were identified as a designated foreign national within the past five years. This designation can come with additional restrictions, such as limited access to certain services and a more stringent review of your refugee status, particularly if there are concerns about security or criminal involvement. However, it does not automatically result in denial of refugee status.
Remaining in Canada
Risk of Removal While Waiting for H&C Decision: While your Humanitarian and Compassionate (H&C) application is being processed, there is a possibility that you could be removed from Canada.
Option to Stay During PRRA: If you are awaiting a Pre-Removal Risk Assessment (PRRA) decision, you may be allowed to stay in Canada until the decision is made.
Seeking a Postponement or Stay of Removal: If you’ve been given a date to leave Canada, consult with your lawyer about requesting a postponement of removal or a stay of removal by applying to the Federal Court to delay the process.
Things to consider before you apply
Applying for H&C is an exceptional measure. This means it is not simply another way of applying for permanent resident status in Canada. You are responsible for clearly showing that you should be granted an exception to apply for permanent residency in Canada.
Keep in mind that IRCC considers a number of factors when deciding your H&C application, including:
Establishing Your Life in Canada: You need to demonstrate that you have built a life in Canada. This includes showing the duration of your stay in Canada, your language proficiency, your efforts to improve your education and skills, your connections to family members residing in Canada, as well as your involvement in volunteer work, employment, and financial contributions.
Impact on Children: You must show that the removal from Canada would negatively affect your child(ren) or those you support, whether they are in Canada or abroad. Consider the child’s emotional, social, cultural, and physical well-being, as well as their relationships with other family members in Canada.
Potential Hardships or Health Risks in Your Country: You must demonstrate that returning to your country would expose you to significant hardships, such as the inability to access essential medical treatment or facing discrimination and mistreatment. Additionally, you can provide other challenges that were not addressed during your refugee hearing.
Important! Talk to a lawyer before you apply to see if you have a good chance of being successful or if other options are better for you. For expert legal advice, contact Bukhari Law Professional Corporation.