In Canada, immigration laws are designed to be inclusive, offering pathways for individuals seeking to establish a life in the country. One of these paths is through the Humanitarian and Compassionate (H&C) Application. This application allows individuals who may not meet the usual requirements for immigration to apply for permanent residence based on compelling humanitarian reasons. But when exactly should you file an H&C application? In this blog post, we’ll guide you through the circumstances when filing for Humanitarian and Compassionate grounds may be your best option.
What is a Humanitarian & Compassionate Application?
A Humanitarian and Compassionate (H&C) application is a request to stay in Canada as a permanent resident, made on the grounds of humanitarian and compassionate factors. This pathway is available to individuals who are not eligible to apply through other immigration programs, such as Express Entry or the Provincial Nominee Program (PNP). The purpose of the H&C process is to provide relief to individuals facing unusual or exceptional circumstances that would result in undue hardship if they were forced to leave Canada.
H&C applications are evaluated on a case-by-case basis, considering the applicant’s personal situation, family ties, establishment in Canada, and the best interests of any children involved. These applications are typically filed under section 25 of the Immigration and Refugee Protection Act (IRPA).
When Should You File a Humanitarian & Compassionate Application?
There are several scenarios where individuals may consider filing for Humanitarian and Compassionate grounds. Here are some common reasons why someone might apply:
- Unusual Hardship Due to Family Separation
If you have been living in Canada for an extended period and have established strong ties, such as family relationships, you may apply for an H&C application if returning to your home country would cause undue hardship. This hardship may be due to family separation or potential harm in your home country, such as war, political instability, or lack of proper medical care.
- Best Interests of Children
For parents who have Canadian-born or permanent resident children, the best interests of the child is an important consideration. If a child would suffer severe emotional or psychological hardship if separated from their parents or guardians, an H&C application can be used to appeal the decision to remove the family. Canadian immigration authorities will evaluate how an applicant’s deportation or refusal of permanent residency will negatively affect the child.
- Established in Canada
If you have lived in Canada for many years, built a life, and have strong ties within the community, you may be eligible for H&C relief. This includes factors such as having a job, owning a home, or actively participating in the local community. If you have established yourself as a productive and contributing member of Canadian society, the government may consider your situation when reviewing your H&C application.
- Risk of Harm in Your Home Country
If returning to your country of origin would put you at risk of violence, persecution, or torture, you may be eligible for a Humanitarian & Compassionate application. This situation is particularly relevant if your refugee claim was rejected but you continue to face the same risks in your home country.
- Medical or Psychological Hardship
If you or a family member have serious medical conditions that cannot be adequately treated in your home country, this could be a reason for filing an H&C application. Canada’s healthcare system offers a higher standard of medical care, and if an applicant faces a serious medical emergency, an H&C application may be filed to remain in Canada for treatment.
- Humanitarian Reasons Related to Refugee Status
Some individuals may not meet the criteria for asylum or refugee status but may still be at risk of harm or in urgent need of protection. If you are in this situation, filing a Humanitarian & Compassionate application could be a pathway to remain in Canada.
- Deportation or Removal Orders
If you are facing a deportation order or removal from Canada but have significant ties to the country, you may apply for an H&C application to delay or prevent your removal. In these cases, your application will need to show compelling reasons why you should not be removed from the country, such as the impact on your family, community contributions, or personal circumstances.
Key Considerations When Filing a Humanitarian & Compassionate Application
- Time Limits: While there are no strict deadlines for filing an H&C application, it’s crucial to file your application as soon as possible to prevent any unwanted consequences, such as deportation.
- Prepare Supporting Documents: Supporting documentation is crucial in any H&C application. Be prepared to submit evidence such as medical reports, personal letters, family records, and affidavits that support your case. The more comprehensive your application, the higher the chance of success.
- Legal Representation: While individuals can apply for Humanitarian and Compassionate relief independently, it is highly recommended to consult with a Certified Canadian Immigration Consultant (CCIC) or an immigration lawyer. A professional will help you build a strong case, submit the right documents, and ensure the best chance of approval.
- Evaluating Your Case: H&C applications are reviewed on a case-by-case basis, so it’s important to clearly articulate the hardship you would face if you were forced to leave Canada. Consider how your personal, emotional, medical, and financial circumstances are directly impacted by immigration decisions.
Filing a Humanitarian & Compassionate application is a crucial option for individuals in Surrey and across Canada who find themselves in situations of exceptional hardship. If you are facing serious challenges, such as family separation, medical needs, or a risk of harm, H&C applications offer a way to remain in Canada and seek permanent residency. However, it’s important to understand the nuances of the process and gather the right documentation to support your application.