In an ever-changing global landscape, where conflicts, economic hardships, and environmental crises displace millions, the importance of humanitarian and compassionate (H&C) applications in immigration cannot be overstated. These applications represent a beacon of hope for those who find themselves in situations of extreme hardship or danger and are seeking refuge or permanent residence in a more stable country.

Understanding Humanitarian and Compassionate Applications

H&C applications are special immigration applications that are assessed on a case-by-case basis. They are designed for individuals who do not meet the standard criteria for immigration but have compelling humanitarian or compassionate reasons for seeking residence in a new country. These reasons can include, but are not limited to, factors such as:

• Fear of persecution or harm in their home country.
• Extreme hardship if returned to their home country.
• Family ties and the best interests of children involved.

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

H&C applications allow individuals to apply for permanent residency or avoid deportation from a country based on exceptional circumstances that would cause undue hardship if they were to leave. This pathway acknowledges that rigid adherence to immigration rules may not always be just or humane in every situation.

What are the factors that will be considered for a H&C Application ?

Immigration officers will assess your H&C application based on several factors to determine whether you have demonstrated compelling humanitarian and compassionate grounds for your request to remain in Canada. Some of the factors considered include:

• Best Interests of Children: If you have dependent children, the immigration authorities will consider their best interests when evaluating your application. This includes factors such as their age, health, and any established ties to Canada.

• Establishment in Canada: If you have established strong social, economic, or community ties in Canada, such as long-term employment, volunteer work, or educational pursuits, these factors may be taken into account.

• Degree of Hardship: You will need to provide evidence of the hardship that you or your family members would face if required to leave Canada. This may encompass medical, social, or economic hardships and should be supported by documentation, such as medical reports, letters of support, and personal statements.

• Other Relevant Factors: Immigration officers will consider any other relevant factors specific to your case that support your claim for humanitarian and compassionate grounds.

• Discretionary Decision: It’s important to understand that the decision on H&C applications is discretionary. This means that there is no fixed set of criteria, and each application is evaluated on its individual merits. Immigration officers will weigh all the factors presented and make a determination based on the unique circumstances of your case.

Excluded Individuals:

It’s essential to note that while H&C grounds applications are available to many individuals facing compelling humanitarian and compassionate circumstances, there are exceptions. Some individuals are not eligible to apply on H&C grounds. These exclusions include:

• Serious Criminal Convictions: Individuals with serious criminal convictions, particularly those convicted of crimes that pose a threat to Canadian society, may not be eligible for H&C applications. In Canadian immigration law, “serious criminality” refers to crimes punishable by a maximum term of imprisonment of at least 10 years in Canada, leading to potential inadmissibility or deportation for non-citizens, including permanent residents. In such cases, criminality concerns may outweigh humanitarian and compassionate considerations.

• Removal Orders for Security or Human Rights Violations: Individuals who have been issued removal orders for reasons related to national security or human rights violations may not be eligible for H&C applications. These cases typically involve serious issues of public safety or international law.

• Individuals with Pending Refugee Claims: If you have a pending refugee claim in Canada, you may not be eligible to apply for H&C status simultaneously. The rationale behind this exclusion is that the refugee claim process already considers humanitarian and compassionate factors as part of the assessment.

• Rejected Refugee Claims: Individuals who have filed a refugee claim in Canada may face restrictions on accessing Humanitarian and Compassionate (H&C) consideration if their refugee claim is pending, ineligible, abandoned, withdrawn, or rejected by the Refugee Protection Division (RPD), and less than 12 months have passed since the RPD decision or the final decision in any subsequent appeals or judicial reviews.

Immigration officers will assess your H&C application based on several factors to determine whether you have demonstrated compelling humanitarian and compassionate grounds for your request to remain in Canada. Some of the factors considered include:

• Best Interests of Children: If you have dependent children, the immigration authorities will consider their best interests when evaluating your application. This includes factors such as their age, health, and any established ties to Canada.

• Establishment in Canada: If you have established strong social, economic, or community ties in Canada, such as long-term employment, volunteer work, or educational pursuits, these factors may be taken into account.

• Degree of Hardship: You will need to provide evidence of the hardship that you or your family members would face if required to leave Canada. This may encompass medical, social, or economic hardships and should be supported by documentation, such as medical reports, letters of support, and personal statements.

• Other Relevant Factors: Immigration officers will consider any other relevant factors specific to your case that support your claim for humanitarian and compassionate grounds.

• Discretionary Decision: It’s important to understand that the decision on H&C applications is discretionary. This means that there is no fixed set of criteria, and each application is evaluated on its individual merits. Immigration officers will weigh all the factors presented and make a determination based on the unique circumstances of your case.