In accordance with the Act, a foreign national who wishes to immigrate to Canada must apply for a permanent resident visa from abroad (outside Canada). They can also apply inland (inside Canada) if they meet the in-Canada immigration class eligibility requirements.
However, there are foreign nationals who though they are either inadmissible or ineligible to apply, present very compelling cases for permanent residence. Section A25(1) of IRPA creates some degree of flexibility – around an otherwise bureaucratic and rigid framework – that addresses concern around individuals whose personal circumstances and failure to qualify under any class has caused significant distress.
The provisions set out in section A25(1) allows foreign nationals who are otherwise inadmissible or ineligible to apply in an immigration class, to apply for permanent residence or exemption from the requirement of the Act based on Humanitarian and Compassionate considerations.
That said, Humanitarian and Compassionate (H&C) application is not an alternative immigration route to apply for permanent resident status in Canada, rather it is a measure to use in exceptional cases.
Policy statements, manuals and handbooks provide guidance to officers on how to make effective H&C decisions. It is pertinent to strike a balance between consistency and certainty on one hand and infusing a degree of flexibility to address certain compelling cases that are not qualified based on the Act on the other.
Humanitarian and Compassionate (H&C) application is not an alternative immigration route
Eligibility
The need to ensure that every grant of an exemption from IRPA and IRPR requirement is warranted makes the H&C decision process a highly discretionary and subjective one dependent on the immigration officer.
Generally, the key reasons for H&C consideration is hardship and risk. Several other factors that officers consider include, but not limited to:
1) Best interest of any child(ren) involved, considering child’s age, health issues, dependence and relationship to applicant and impact on child’s application.
2) Applicants’ establishment in Canada
3) Applicant who may face possible human right violations and abuse if application is rejected.
4) Possible underserved or untold hardship to be faced if application is rejected.
5) General family ties to Canada
6) Inability to travel back to Canada due to travel restrictions such as during the COVID-19 pandemic
7) Applicants’ health conditions or incapacitations, and possible lack of treatment of a serious medical condition
8) Victims of domestic violence
9) Health, incapacitation and death of a family member
10) Family separations
11) Adverse factors in applicant’s country of origin or and applicant from moratorium countries
12) Other outstanding conditions that merit relief or special grant of exemption.
Who can apply for permanent resident on Humanitarian & Compassionate grounds?
Though foreign nationals may become permanent residents on grounds of H&C based on section 25 of IRPA, H&C is not an alternative immigration class but an exceptional measure. only persons with exceptional cases such as:
1) Foreign national in Canada seeking an exemption from one or more requirements of the IRPA or IRPR in order to apply for permanent residence within Canada.
2) Foreign national who is inadmissible into Canada
3) Foreign national in Canada who believes H&C considerations justifies granting them an exemption; and
4) Foreign national who does not qualify or meet the eligibility requirement to apply for a permanent resident from within Canada under any of these immigration class:
4.1) Spouse or Common-Law Partner
4.2) Live-in Caregiver
4.3) Caregivers: caring for children or people with high medical needs
4.4) Protected Person and Convention Refugees
4.5) Temporary Resident Permit Holder.
Who cannot apply for permanent resident based on Humanitarian & Compassionate grounds?
You are not eligible to apply for permanent resident on a H&C ground if:
1) You are a permanent resident of Canada
2) You are a Canadian citizen
3) You have an active H&C application under consideration, and a final decision has not been made on this H&C application
4) you are a refugee claimant with an active or pending refugee claim still in process
5) You are seeking protection from danger of torture, or risk to life or cruel and unusual treatment or punishment, and persecution for reasons of nationality, race, religion, political opinion or membership in a particular social group.
6) Within the last 5 years you:
6.1) became a designated foreign national
6.2) Received a final negative decision on your refugee claim from the IRB
6.3) Received a negative decision on your PRRA application
7) While your H&C application is still pending, you become a designated foreign national. Then your H&C application will be suspended for five years from the date you were designated or received a negative decision on your refugee claim or PRRA.
8) You have an active 12-month bar from application either due to rejection of your refugee claim (including abandoned claims) within the last 12 months by Refugee Protection Division (RPD) or Refugee Appeal Division (RAD) of Immigration Refugee Board (IRB), or
9) Withdrawal of your refugee claims within the last 12 months. (Exemptions apply here if the withdrawal was done before a hearing at IRB)
Humanitarian and Compassionate (H&C) Considerations Frequently Asked Questions (FAQs)
It is very expensive and inconvenient to travel back home and apply for permanent residence from my country. Can I apply for H&C considerations in Canada?
In the absence of sufficient and compelling factors, you cannot apply for H&C considerations in Canada just because of the cost and inconvenience of returning to your country and applying for permanent residence from your country
I am seeking protection; can I apply for H&C considerations?
No, you cannot apply for H&C application. Please apply for an in-Canada asylum.
I am a refugee and I have an active or pending refugee or asylum claim. Can I apply for H&C considerations?
No, you cannot apply for H&C considerations if you have an active or pending refugee claim. However, if you withdraw your refugee claim before it goes to Immigration Refugee Board (IRB) hearing, then you can apply for H&C consideration.
I am a refugee and I have received a negative decision on my refugee or asylum claim. Can I apply for H&C considerations?
No, you cannot apply for H&C consideration if you have received a negative decision on your refugee claim from IRB within the last 12 months. This is known as the 12-month bar. However, note that there are exceptions to the 12-months bar.
I am a refugee, and the IRB says my refugee or asylum claim is abandoned. Can I apply for H&C considerations?
No, you cannot apply for H&C consideration if your refugee claim is abandoned by IRB within the last 12 month. This is also known as the 12-month bar. However, note that there are exceptions to the 12-months bar.
I am under a removal order. Can I submit a permanent resident application based on H&C?
Yes, you can apply for permanent residence through a H&C application, but please note that a H&C application will not delay your removal from Canada, and you must leave on the date specified by the removal order except you have a pending Pre-Removal Risk Assessment (PRRA).
I withdrew my refugee claim or asylum application; Can I submit a permanent resident application based on H&C?
Yes, you can submit a permanent resident application based on H&C if you withdrew your refugee claim before your hearing at the IRB.
Can I renew my temporary resident status (student, visitor, worker etc.) and my H&C application at the same time?
No, do not submit your H&C application in the same envelope at the same time with your temporary status renewal application.
Is there an exemption from the 12 months bar?
Yes, you can be exempted from the 12 months bar if: You provide sufficient credible and objective evidence that you have child(ren) under 18 years who would be impacted adversely if you are removed from Canada.
Yes, you can be exempted from the 12 months bar if: You provide sufficient credible and objective evidence that if removed from Canada, you or a failed refugee claimant included in your application will be suffer a life-threatening medical condition due to inability of your country or former habitual residence to provide adequate medical treatment or care.
How do I qualify for an exemption from the requirement of the IRPA?
To be considered for an exemption from IRPA requirements:
you must indicate the specific exemption you are requesting for in your application
you must provide reasons why you believe an exemption should be granted to you on H&C grounds
You must above all demonstrate sufficient and compelling reasons why you need a grant of exemption to allow apply for permanent residence within Canada.
How do I prove my reasons and circumstances for H&C considerations?
On a general note, applications are assessed on a case-by-case basis, and an applicant can have only a single H&C application under consideration at any time.
That said, when applying for permanent residence through H&C consideration, the onus is still on the applicant to provide ample evidence and succinct information in their submission to the officer that they will face untold hardship and / or risk, if asked to leave Canada.
HUMANITARIAN AND COMPASSIONATE
In accordance with the Act, a foreign national who wishes to immigrate to Canada must apply for a permanent resident visa from abroad (outside Canada). They can also apply inland (inside Canada) if they meet the in-Canada immigration class eligibility requirements.
However, there are foreign nationals who though they are either inadmissible or ineligible to apply, present very compelling cases for permanent residence. Section A25(1) of IRPA creates some degree of flexibility – around an otherwise bureaucratic and rigid framework – that addresses concern around individuals whose personal circumstances and failure to qualify under any class has caused significant distress.
The provisions set out in section A25(1) allows foreign nationals who are otherwise inadmissible or ineligible to apply in an immigration class, to apply for permanent residence or exemption from the requirement of the Act based on Humanitarian and Compassionate considerations.
That said, Humanitarian and Compassionate (H&C) application is not an alternative immigration route to apply for permanent resident status in Canada, rather it is a measure to use in exceptional cases.
Policy statements, manuals and handbooks provide guidance to officers on how to make effective H&C decisions. It is pertinent to strike a balance between consistency and certainty on one hand and infusing a degree of flexibility to address certain compelling cases that are not qualified based on the Act on the other.
Humanitarian and Compassionate (H&C) application is not an alternative immigration route
Eligibility
The need to ensure that every grant of an exemption from IRPA and IRPR requirement is warranted makes the H&C decision process a highly discretionary and subjective one dependent on the immigration officer.
Generally, the key reasons for H&C consideration is hardship and risk. Several other factors that officers consider include, but not limited to:
Who can apply for permanent resident on Humanitarian & Compassionate grounds?
Though foreign nationals may become permanent residents on grounds of H&C based on section 25 of IRPA, H&C is not an alternative immigration class but an exceptional measure. only persons with exceptional cases such as:
Who cannot apply for permanent resident based on Humanitarian & Compassionate grounds?
You are not eligible to apply for permanent resident on a H&C ground if:
Humanitarian and Compassionate (H&C) Considerations Frequently Asked Questions (FAQs)
It is very expensive and inconvenient to travel back home and apply for permanent residence from my country. Can I apply for H&C considerations in Canada?
In the absence of sufficient and compelling factors, you cannot apply for H&C considerations in Canada just because of the cost and inconvenience of returning to your country and applying for permanent residence from your country
I am seeking protection; can I apply for H&C considerations?
No, you cannot apply for H&C application. Please apply for an in-Canada asylum.
I am a refugee and I have an active or pending refugee or asylum claim. Can I apply for H&C considerations?
No, you cannot apply for H&C considerations if you have an active or pending refugee claim. However, if you withdraw your refugee claim before it goes to Immigration Refugee Board (IRB) hearing, then you can apply for H&C consideration.
I am a refugee and I have received a negative decision on my refugee or asylum claim. Can I apply for H&C considerations?
No, you cannot apply for H&C consideration if you have received a negative decision on your refugee claim from IRB within the last 12 months. This is known as the 12-month bar. However, note that there are exceptions to the 12-months bar.
I am a refugee, and the IRB says my refugee or asylum claim is abandoned. Can I apply for H&C considerations?
No, you cannot apply for H&C consideration if your refugee claim is abandoned by IRB within the last 12 month. This is also known as the 12-month bar. However, note that there are exceptions to the 12-months bar.
I am under a removal order. Can I submit a permanent resident application based on H&C?
Yes, you can apply for permanent residence through a H&C application, but please note that a H&C application will not delay your removal from Canada, and you must leave on the date specified by the removal order except you have a pending Pre-Removal Risk Assessment (PRRA).
I withdrew my refugee claim or asylum application; Can I submit a permanent resident application based on H&C?
Yes, you can submit a permanent resident application based on H&C if you withdrew your refugee claim before your hearing at the IRB.
Can I renew my temporary resident status (student, visitor, worker etc.) and my H&C application at the same time?
No, do not submit your H&C application in the same envelope at the same time with your temporary status renewal application.
Is there an exemption from the 12 months bar?
Yes, you can be exempted from the 12 months bar if: You provide sufficient credible and objective evidence that you have child(ren) under 18 years who would be impacted adversely if you are removed from Canada.
Yes, you can be exempted from the 12 months bar if: You provide sufficient credible and objective evidence that if removed from Canada, you or a failed refugee claimant included in your application will be suffer a life-threatening medical condition due to inability of your country or former habitual residence to provide adequate medical treatment or care.
How do I qualify for an exemption from the requirement of the IRPA?
To be considered for an exemption from IRPA requirements:
you must indicate the specific exemption you are requesting for in your application
you must provide reasons why you believe an exemption should be granted to you on H&C grounds
You must above all demonstrate sufficient and compelling reasons why you need a grant of exemption to allow apply for permanent residence within Canada.
How do I prove my reasons and circumstances for H&C considerations?
On a general note, applications are assessed on a case-by-case basis, and an applicant can have only a single H&C application under consideration at any time.
That said, when applying for permanent residence through H&C consideration, the onus is still on the applicant to provide ample evidence and succinct information in their submission to the officer that they will face untold hardship and / or risk, if asked to leave Canada.