Humanitarian and Compassionate (H&C)
Applying for permanent residency in Canada based on Humanitarian and Compassionate (H&C) grounds is one of the special immigration pathways intended for individuals who do not qualify under regular immigration programs but have strong humanitarian reasons for staying in Canada. This type of application can serve as a last hope for many individuals to remain in the country and requires substantial supporting evidence, careful planning, and a solid understanding of legal requirements. This guide will provide a comprehensive overview of eligibility criteria, application steps, required documents, assessment standards, and success strategies.
Section 1: Eligibility Criteria for an H&C Application
Who can apply?
- Individuals currently residing in Canada without legal immigration status but who have established their lives in the country.
- Those who cannot return to their country of origin due to:
- Threats to life or personal security
- Serious medical or psychiatric conditions
- Best interests of minor or dependent children
- Applicants who are not eligible under other immigration programs such as Express Entry, refugee claims, or sponsorship.
Who cannot apply?
- Individuals with a serious criminal record or who pose a security threat to Canada
- Applicants whose refugee claims have been denied and who do not present new or different reasons for an H&C application
Section 2: Complete Process for Submitting an H&C Application
Step 1: Gather and Complete Required Documents
The applicant must collect and complete a set of official forms and documents, including:
- Proof of establishment in Canada, such as:
- Employment contracts
- Letters of employment
- Financial and banking records
- Utility bills or rental agreements
- Support letters from employers, friends, or community organizations
- Documents related to children:
- Birth certificates
- School records
- Reports on special needs or child psychological assessments
- Valid medical or psychiatric documentation if applicable
Step 2: Submit the Application
Once all documents are prepared, the application must be submitted via the online portal of Immigration, Refugees and Citizenship Canada (IRCC).
Step 3: Wait for Review and Response
The processing time for an H&C application may vary from 12 months to several years. During this time:
- The applicant may apply for a work or study permit, though issuance depends on IRCC’s discretion.
- Communication with IRCC is possible through a tracking number or the online portal.
Step 4: Final Decision
- If approved, the applicant and their dependents will be granted permanent residency in Canada.
- If refused, the applicant may apply for judicial review through the Federal Court, provided there are valid legal grounds and sufficient evidence.
Section 3: Evaluation Criteria Used by Immigration Officers
When reviewing an H&C application, immigration officers consider the following key factors:
- Level of Establishment in Canada
- Duration of residence in Canada
- Social and civic involvement (e.g., volunteer work, community engagement)
- Employment stability and financial independence
- Family ties, friendships, and social support
- Best Interests of the Child
- Impact of removal on the child’s education and psychological development
- Access to healthcare and education in Canada
- Risk factors and quality of life in the home country
- Hardship in the Country of Origin
- Political or social instability
- Economic crisis and high unemployment
- Lack of essential health and medical services
- Threats of violence, persecution, or discrimination
Section 4: Key Documents to Strengthen an H&C Application
Providing strong, credible documentation is essential to increase the chances of success. Important documents include:
Proof of life in Canada:
- Employment and insurance contracts
- Tax and bank statements
- Rental agreements and utility bills
- Certificates of participation in community or religious activities
Documents related to children:
- School transcripts and certificates
- Child psychological assessments
- Medical or treatment records
Proof of hardship in the country of origin:
- International human rights reports (e.g., UNHCR, Amnesty International)
- Medical or psychiatric certificates
- Official reports from domestic or international organizations regarding crisis conditions
Section 5: Practical Strategies for a Successful H&C Application
- Professional Narrative Building
- Develop a structured and emotionally compelling personal story
- Focus on unique case elements such as health conditions, trauma, or family dependence
- Use honest, clear, and well-documented language
- Strategic Timing
- Submit the application during periods of political or social crisis in the home country
- Take advantage of changes in Canadian immigration policy
- Expert Opinions
- Psychological, medical, or social worker assessments
- Legal analysis from an experienced immigration lawyer
- Reference to similar successful H&C cases in the past
Applying for permanent residency under the Humanitarian and Compassionate (H&C) stream is one of the most complex yet humane immigration pathways in Canada. This process requires a deep understanding of legal structures, careful preparation of evidence, effective storytelling, and professional legal consultation. A well-documented, honest, and organized application can make the difference between approval and refusal.
Our Recommendation:
If you are looking to submit a professional, well-organized, and successful H&C application, do not miss the opportunity to consult with the experienced team at i2Canada. With a proven track record in humanitarian cases, in-depth legal knowledge, and strong documentation preparation skills, our team is your trusted partner in this sensitive and critical journey. Our legal storytelling expertise, personalized case analysis, and effective communication with immigration authorities can significantly increase your chances of success.
Contact i2Canada for an initial consultation and assessment of your unique situation.