Humanitarian and Compassionate (H&C)
The Humanitarian and Compassionate (H&C) consideration offers a lifeline to individuals who don’t qualify under traditional immigration pathways but face extraordinary hardships. It’s not just an option, it’s an opportunity to find safety, stability, and rebuild a life in Canada. This pathway recognizes unique struggles, assessing each application with care and empathy. Factors like family connections in Canada, the best interests of children, and hardships in the applicant’s home country are carefully considered. While approval isn’t guaranteed, every story is given the attention it deserves. H&C reflects Canada’s commitment to hope, compassion, and a brighter future for those in need.
Start your journey to a better future – let’s begin today.
Trusted by Clients from 30+ Countries
We provide trusted and effective mobility solutions, assisting clients from around the world in successfully starting their new life in Canada.
Factors for H&C consideration
The applications are assessed on a case-by-case basis. Several factors are considered in the application process, including:
- Establishment in Canada
- An inability to leave Canada that has led to establishment
- Ties to Canada
- Best interests of any children affected by your application (see following section for more information)
- Health considerations
- Family violence considerations
- Consequences of your separation from relatives
- Factors in your country of origin (not related to seeking protection)
- Any other relevant factors you wish to have considered that are not related to seeking protection.
The decision-making process for Humanitarian and Compassionate (H&C) considerations is highly discretionary, allowing officers to assess each case on its own unique circumstances. This flexibility enables officers to make decisions based on the specific challenges faced by the applicant, with a strong emphasis on the evidence provided. As such, applicants must carefully present detailed information and supporting documentation to explain the hardships they would endure if their request is refused. Since the H&C process usually does not include a personal interview, it is vital for applicants to take full responsibility for submitting a thorough, well-supported application that clearly demonstrates why they should be allowed to remain in Canada. This ensures that the process remains fair, empathetic, and based on the individual’s situation.
Reasons for applying under H&C grounds
Hardship
When applying for Humanitarian and Compassionate (H&C) grounds in Canada, hardship refers to the serious challenges or suffering you would face if forced to leave Canada and return to your home country. Hardship can take many forms, but one of the most compelling reasons to apply is medical hardship. If you or a family member risks death or severe deterioration of health due to the lack of adequate medical care in your home country, this can strengthen your case. To prove medical hardship, you must provide medical documentation from experts in your home country, explaining the danger you face if forced to return. Additionally, proving hardship requires showing that you are well-established in Canada. Immigration officers assess your time in Canada, language skills, efforts to improve education or job skills, and family connections. The more time you’ve spent in Canada, the stronger your case. Other factors that contribute to your level of establishment include your employment history, financial stability, assets in Canada (like a home, savings, and investments), and community involvement. Positive references from work, school, or community organizations also help. If you have Canadian-born children, this will weigh heavily in your favor, as their best interests are also a priority in Canadian immigration decisions. Conversely, having strong family ties in your home country may suggest less hardship if you were to return.
Risk
Another important factor in H&C applications is risk, which refers to the serious threat you may face if you are forced to return to your home country. This can include persecution due to your political or religious beliefs, torture, a risk to life, or the risk of cruel or unusual punishment. If you face such risks, you must provide compelling evidence to support your claim. Immigration officers carefully assess the risks involved and ensure no deportation occurs until a Pre-Removal Risk Assessment (PRRA) officer has thoroughly reviewed the application. General economic difficulties, such as lack of job opportunities or poor educational infrastructure, are typically not sufficient grounds for claiming risk under the PRRA. However, if you face serious harm, including evidence of torture or persecution, this must be documented and presented as part of your application. If you have not already filed for refugee status but fear persecution, it’s advisable to do so immediately, as Canada offers protection to a broader range of individuals facing genuine risks than the traditional UN definition of refugees.
Best Interests of the Child
When children are involved in an H&C application, the best interests of the child must be considered. If returning to your home country would harm your child’s emotional, physical, or educational development, this will be given serious weight in the decision-making process. This includes situations where the child’s mental health may deteriorate due to the trauma of relocation or if they would face dangers such as inadequate education, lack of medical care, or unsafe conditions. To strengthen your case, it is essential to include expert opinion letters from professionals who are familiar with your child’s circumstances, such as teachers, school counselors, family doctors, or psychologists. The depth of your child’s connections to Canada is also crucial. Factors like whether your child was born in Canada, their educational history, and their social and emotional ties to Canada will all be considered. The immigration officer will carefully assess whether it would be more beneficial for your child to remain in Canada or to return to a potentially unsafe or unfamiliar environment in your home country. The principle of "the best interests of the child" ensures that the child’s well-being and future opportunities are at the forefront of any decision made.
Limits on Humanitarian and Compassionate Consideration
There are some important restrictions when it comes to applying for Humanitarian and Compassionate (H&C) grounds. First, if you have a pending refugee claim, you cannot apply for H&C until you withdraw that claim before your hearing with the Immigration and Refugee Board of Canada (IRB). Similarly, if you’ve received a negative decision on your refugee claim from the IRB in the past 12 months, you cannot apply for H&C during this time. This is called the “one-year bar.” However, there are exceptions to this rule:
- If you have children under 18 years of age who would suffer significant harm if you were removed from Canada, or
- If you or your dependents are dealing with a life-threatening medical condition that cannot be treated in your home country.
Additionally, there are other time limits to keep in mind. You cannot apply for H&C grounds until five years have passed since:
- You were designated a foreign national, or
- You received a final negative decision on your refugee claim from the IRB, or
- You were given a negative decision on your Pre-Removal Risk Assessment (PRRA).
Finally, if you apply for H&C grounds but later become a designated foreign national, your application will be put on hold for five years. This suspension will begin either on the day you were designated or when you received a negative decision from the IRB or the PRRA. These rules help to ensure a clear and fair process for everyone involved.
Key Points
- If you have a removal order from Canada, you can apply for residency on humanitarian and compassionate (H&C) grounds, but it does not delay or suspend the removal order. You must still leave Canada by the specified date, and your application will continue to be processed even if you’re outside the country.
- You can only have one active H&C application at a time.
- H&C applications do not consider risk factors like persecution, risk to life, or cruel treatment – these are assessed separately through refugee protection processes.
- Filing an H&C application does not stop deportation, except for those awaiting a Pre-Removal Risk Assessment (PRRA), where deportation may be temporarily paused until a decision is made.
Take the First Step Today
Every H&C application tells a unique story. We’re here to help you share yours with empathy and expertise, focusing on hardships, family connections, and the best interests of children. From gathering documents to crafting a compelling case, we guide you every step of the way.
Your story matters – let’s make it heard.
FAQs Agriculture Stream LMIA
H&C consideration provides a special pathway for individuals who do not meet the usual immigration criteria but have compelling humanitarian or compassionate reasons to stay in Canada. It’s designed for exceptional cases that warrant consideration due to hardship or adverse conditions.
Officers consider several factors including the applicant’s establishment in Canada, family ties, the best interests of any children involved, adverse conditions in the home country, health considerations, and potential consequences if the application is not granted.
H&C applications do not automatically stay or delay deportation. However, if you are awaiting a Pre-Removal Risk Assessment (PRRA), you may not be deported until the assessment is complete.
Prove your establishment through documentation of your length of stay, employment history, community involvement, language proficiency, and any assets or investments in Canada.
You cannot apply for H&C if you have a pending refugee claim or a negative IRB decision in the last 12 months. However, certain exceptions apply, such as having dependent children adversely affected by the removal or facing life-threatening medical conditions not treatable in the home country.
Prepare a detailed, well-documented application that clearly outlines your circumstances, hardships, and the potential risks of returning to your home country. Include affidavits, expert opinions, and any other relevant evidence.
Having significant assets or close family ties in your home country may weaken your H&C claim, as it suggests you have support and resources if you return.
Individuals facing extraordinary circumstances, such as severe hardships or family separation, can apply. Eligibility is not defined strictly but assessed based on each case.
The process is discretionary, meaning officers assess each case individually based on its merits. Applicants must provide comprehensive evidence to support their claims, as decisions are largely based on submitted documentation.
Hardship in H&C applications refers to severe difficulties or suffering that an individual would face if they had to leave Canada. This may include health, financial, or social challenges that are significantly more burdensome compared to the general population.
The child’s best interests are a primary consideration. This includes evaluating the impact of the decision on the child’s wellbeing, safety, education, and emotional development.
Include detailed medical reports and expert opinions if you or your family members face life-threatening conditions that cannot be adequately treated in your home country.
No, you can only have one active H&C application at a time to ensure each case is given the proper attention and resources it requires.
Obtain letters from professionals like school counselors, doctors, or psychologists. These professionals can provide insight into the potential impacts on your children’s mental and physical wellbeing if they return to your home country.
Got more questions? We’re here with the answers!
Got more questions? Unsure about the process or what’s next? We’re here to guide, support, and simplify every step of your journey.
Your journey begins with one conversation - let’s start now!