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Humanitarian and Compassionate grounds (H&C)

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What is Humanitarian and Compassionate Grounds (H&C)?

Humanitarian and Compassionate grounds are a crucial aspect of Canadian immigration law. Individuals who might face hardship if they are to return to their country to apply for Canadian Permanent Residency, and they meet certain criteria may apply for permanent residency on humanitarian and compassionate grounds. The decision to grant H&C grounds is made on a case-by-case basis, taking into account all relevant factors. The decision is discretionary and it is not like other immigration programs. 

Humanitarian and Compassionate Reasons (H&C)

There are various reasons why an individual may apply for humanitarian and compassionate grounds.

One of the reasons is medical, where the individual requires specialized medical care that is not available in their home country.

Another reason may be family separation, where the individual has close family members residing in Canada and would face significant emotional distress if they were forced to leave.

 

H&C grounds may also be considered in cases where an individual has established strong ties to Canada, such as through employment or community involvement. For example, an individual who has been living and working in Canada for several years and has contributed positively to their community may have a strong case for H&C grounds.

Apply for humanitarian and compassionate grounds

To apply for humanitarian and compassionate grounds, individuals must submit a formal application with supporting documentation outlining their unique circumstances. The application will be reviewed by immigration officers who will assess whether not granting H&C status would be unjust or unfair.

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It's important to note that applying for H&C status does not guarantee approval. However, individuals who believe they have compelling reasons for staying in Canada should consider submitting an application.

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The length of  processing time it takes for an H&C application to be processed can vary depending on the complexity of the case. In some cases, it may take several months or even years before a decision is made.

Legal Advice is Crucial When Applying for H&C in Canada

Applying for an H&C application can be a complex and challenging process, especially when it comes to gathering the required documents. That's why seeking legal advice is crucial when applying for H&C in Canada. A lawyer or consultant can help assess your eligibility and provide guidance on the application process.

 

When you apply for an H&C application, you need to provide evidence that supports your case. This includes documents such as medical reports, employment records, letters of support from friends and family members, and any other relevant documentation that proves your situation warrants humanitarian and compassionate consideration.

  • A Lawyer or Consultant Can Help Gather and Present Evidence to Support Your Case

  • Seeking Legal Advice Can Increase Your Chances of a Successful H&C Application

  • A Lawyer or Consultant Can Also Help Appeal a Negative Decision on Your H&C Application

  • ​It Is Important to Choose a Reputable and Experienced Lawyer or Consultant Who Specializes in Immigration Law

Is H&C application a Humanitarian asylum?

The answer is no, while there are similarities between an H&C application and an asylum application, they are not the same. An H&C application is made on humanitarian and compassionate grounds and considers hardship and discrimination, family ties, establishment in Canada. H&C application excludes persecution and risk to life from its considerations. Whereas an asylum application is made on the basis of fear of persecution in one's home country or risk to life. A member of the immigration and refugee board cannot consider family ties, establishment in Canada and other factors that are considered in H&C applications.

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