H&C

The Canadian Immigration Legislations has a provision to protect individuals for Humanitarian and Compassionate grounds. This would allow individuals, who would otherwise not eligible to, to remain in Canada or become Permanent Residence.

Normally, individuals who have been in Canada in 3 years without legal status may apply to become a Permanent Resident through H&C.

What is Humanitarian and Compassionate Considerations?

The legal test sets out specifically that applicants must clearly demonstrate that they would experience unusual and undeserved or disproportionate hardship if they were required to leave Canada.

The application will be assessed on the information the applicant provides and a decision will be made based on the applicant’s personal circumstances and whether these particular circumstances merit H&C consideration. Applications to become a permanent resident on H&C grounds are approved only in exceptional circumstances. It can take many years to process an application.

Factors to Be Considered

• Does the applicant have a history of stable employment?

• Is there a pattern of sound financial management?

• Has the applicant integrated into the community through community organizations, volunteer or other activities

• What hardship would occur if the application for a visa exemption were refused:

  • the level of inter-dependency, support available in the home country

  • whether the applicant is able to work

  • is there a significant degree of establishment​

Immigration Legislation also cites a statutory obligation to take into consideration the best interests of the child when examining and deciding the circumstances of a foreign national making a H&C Application. This is one of the strongest factors that can be argued under H&C applications.