A Humanitarian and Compassionate (H&C) application is a request to IRCC for special permission to become a permanent resident of Canada. You might make an H&C application when you do not qualify for other immigration programs. An H&C is usually a last attempt to remain in Canada.
In an H&C application, you need to show that there are important reasons why you should be allowed to stay in Canada. Usually, H&C applications show things like how connected you and your family are to Canadian life or how children in your life would be affected if you had to leave Canada. They might also include why you would experience hardships – meaning very difficult circumstances – if you have to return to your country.
Who can apply
Before you can make an H&C application, you have to wait for 12 months after the IRB-RPD or IRB-RAD reject your refugee claim. You also normally have to wait 12 months if you withdraw or abandon your refugee claim.
You may not have to wait to apply if you can show:
- It would not be in the best interests of a child (under 18 year of age) for you to leave Canada, or
- Your life (or the life of one of your dependants) would be at risk because of a lack of health care if you return to your home country.
Be aware, some people are not allowed to make an H&C application. You cannot apply for H&C if:
- You have a refugee claim in process.
- You were told you are a designated foreign national at some point within the last 5 years.
Remaining in Canada
While you wait for the decision on your H&C application, you could be removed from Canada.
You may be able to stay in Canada if you are waiting for a Pre-Removal Risk Assessment (PRRA) decision.
If you have been given a date you must leave Canada, talk to your lawyer about asking to postpone your removal or asking for a stay of removal before the Federal Court.
Things to consider before you apply
Applying for H&C is an exceptional measure. This means it is not simply another way of applying for permanent resident status in Canada. You are responsible for clearly showing that you should be granted an exception to apply for permanent residency in Canada.
Keep in mind that IRCC considers a number of factors when deciding your H&C application, including:
- How settled you are in Canada
You must show that you have created a life in Canada. This includes: the amount of time you have lived in Canada, your language skills, your efforts to improve education and skills, your ties to family members living in Canada, and any volunteer, education, employment and financial contributions.
- Any impact on children
You must show that your child(ren), or children you support in Canada or overseas, would be negatively impacted if you are removed from Canada. This includes: the child’s emotional, social, cultural and physical wellbeing, and the child’s relationship to other family members in Canada.
- Potential for hardships or health risks in your country.
You must show that you will experience hardships if you return to your country. This could mean that you cannot get important medical treatments or that you are facing discrimination or bad treatment. You can also include other difficulties that you did not present at your refugee hearing.
How to apply
The H&C Application must now be made online through the PR portal or the Authorized Representative Permanent Residence (PR) Portal. If you can’t apply online, for example because of a disability, you can ask the IRCC to send you the application form in paper or other format.
Use this checklist to gather all of the forms and documents you need to complete to support your application.
You must send evidence that supports what you say in your application. For example, you might have documents related to the difficulty you face in your country or the best interests of a child.
If you do not include all the required forms and documents, your application will not be processed and returned back to you by IRCC.
After you apply
You can update your application right up until you get a decision.
If you completed your application properly your application will be processed. You may be asked to have an interview, confirm information, or give more details.
If your application was incomplete, or you did not send the proper payment, it will be sent back with instructions.
You will be told in writing if your application is approved or refused. If you are approved, information will be included in the decision about your next steps to become a permanent resident (such as a medical exam and background checks).
Discuss next steps with your lawyer.