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A Humanitarian and Compassionate Application may provide a pathway to permanent residence for certain foreign nationals whose circumstances justify an exemption from requirements of Canadian immigration law. These applications are commonly referred to as H&C applications and are assessed individually based on the applicant’s circumstances.
Humanitarian and compassionate considerations may include a person’s establishment in Canada, family and community ties, the best interests of children directly affected, hardship or adverse conditions in the country of origin, health considerations, family separation, and other compelling circumstances.
At Nadeem Law Office, we assist clients with Humanitarian and Compassionate Applications by assessing their circumstances, identifying the exemptions being requested, preparing supporting evidence, and making detailed legal submissions explaining why humanitarian and compassionate relief should be granted.
With our head office in Mississauga and branch offices in Cambridge and London, Ontario, we assist clients with H&C applications and related Canadian immigration matters.
Section 25 of the Immigration and Refugee Protection Act (IRPA) allows humanitarian and compassionate considerations to be examined in connection with certain applications for permanent residence.
For a foreign national in Canada who applies for permanent resident status and is inadmissible—other than under specified inadmissibility provisions—or does not meet requirements of the Act, section 25 allows permanent resident status or an exemption from applicable criteria or obligations to be granted where justified by humanitarian and compassionate considerations.
The legislation specifically requires consideration of the best interests of a child directly affected.
A Humanitarian and Compassionate Application is an exceptional measure. It should not be treated simply as an alternative immigration program for someone who does not qualify under another permanent residence category.
An in-Canada H&C application may be relevant to a foreign national who is living in Canada, requires an exemption from one or more requirements of Canadian immigration law to obtain permanent residence from within Canada, and believes their circumstances justify humanitarian and compassionate relief.
IRCC’s current application guidance indicates that this process is generally intended for individuals who are not eligible to apply for permanent residence from within Canada under specified classes, including the Spouse or Common-Law Partner, Economic, Protected Person and Convention Refugee, and Temporary Resident Permit Holder classes.
Whether an H&C application is appropriate depends on the applicant’s immigration history and individual circumstances.
There is no single factor that automatically results in approval of a Humanitarian and Compassionate Application.
The applicant is responsible for presenting the circumstances and evidence they want the immigration officer to consider.
Relevant considerations can include:
Establishment in Canada;
Family ties in Canada;
Best interests of children directly affected;
Adverse conditions in the country of origin;
Health and medical circumstances;
Family violence considerations;
Consequences of family separation;
Circumstances affecting the person’s ability to leave Canada;
Other hardships associated with the requested exemptions; and
Unique or compelling circumstances relevant to the application.
The significance of each factor depends on the facts of the particular case.
Establishment in Canada can be an important factor in a Humanitarian and Compassionate Application.
The evidence may demonstrate how the applicant has built their life in Canada and developed meaningful connections to the country.
Depending on the circumstances, evidence of establishment may include:
Length of residence in Canada;
Employment history;
Education or training;
Financial establishment;
Payment of taxes;
Community involvement;
Volunteer activities;
Family relationships;
Friendships and social connections;
Religious or community involvement, where relevant; and
Other evidence demonstrating integration into Canadian society.
Length of residence alone does not determine an H&C application. The circumstances surrounding the applicant’s establishment and the quality of the evidence can also be important.
Family relationships can form an important part of a Humanitarian and Compassionate Application.
An applicant may have a spouse or partner, children, parents, siblings, grandparents, or other relatives living in Canada.
The application may explain the nature of those relationships, the degree of dependency between family members, and the consequences that separation could have for the people involved.
Simply having relatives in Canada does not automatically establish sufficient humanitarian and compassionate grounds. The nature and importance of the relationships should be supported with appropriate evidence.
The best interests of a child directly affected are specifically recognized in section 25 of IRPA and can be a significant consideration in an H&C application.
The analysis is not limited to whether the child is the applicant’s biological child.
Depending on the circumstances, relevant considerations may include:
The child’s age;
The child’s relationship with the applicant;
The child’s establishment in Canada;
Education and schooling;
Physical or emotional well-being;
Medical or other particular needs;
Family relationships;
Conditions the child may face outside Canada;
The effect of separation from the applicant;
The effect of relocation; and
The child’s Canadian citizenship or immigration status, where relevant.
Evidence concerning children should be specific to the children actually affected rather than relying only on general statements about children’s interests.
Having a child who is a Canadian citizen does not automatically provide the parent with permanent residence.
However, the best interests of a Canadian child directly affected by the decision must be considered as part of the H&C assessment where applicable.
The application may address how the immigration decision would affect the child’s education, stability, family relationships, health, development, and other circumstances.
The focus should remain on the actual interests and circumstances of the child rather than treating Canadian citizenship alone as determinative.
Circumstances in the applicant’s country of origin may also be relevant to a Humanitarian and Compassionate Application.
Depending on the case, the evidence may address:
Economic or social conditions;
Discrimination;
Lack of family or support networks;
Medical circumstances;
Access to necessary services;
Consequences of long-term absence from the country;
Family or cultural circumstances; and
Other adverse conditions relevant to the applicant.
The applicant should explain how the country conditions specifically affect them or family members rather than relying entirely on general evidence about conditions in the country.
A Humanitarian and Compassionate Application is not a refugee claim.
Section 25 of IRPA provides that, when examining an in-Canada H&C request, the decision-maker may not consider the factors used to determine whether someone is a Convention refugee or a person in need of protection under sections 96 and 97 of IRPA.
However, the decision-maker must consider elements related to hardships affecting the applicant.
This distinction is important where an applicant’s circumstances involve difficult conditions in their country of origin.
Health and medical circumstances may be relevant to an H&C application depending on the facts.
Evidence may address matters such as:
The applicant’s medical condition;
Treatment received in Canada;
Availability and accessibility of treatment elsewhere;
Continuity of medical care;
Effects on dependent family members; and
Other consequences associated with the requested exemption.
Medical issues should generally be supported by appropriate medical documentation rather than relying solely on the applicant’s description of the condition.
Family violence or other circumstances of vulnerability can also be relevant to humanitarian and compassionate considerations.
An applicant’s circumstances may involve an abusive or controlling relationship, dependence on another person, family breakdown, or other circumstances that affect their ability to regularize their immigration status through ordinary processes.
Where such circumstances are relevant, the application should explain their connection to the requested humanitarian and compassionate relief and provide appropriate supporting evidence where available.
Lack of valid temporary resident status does not necessarily prevent a person from making an H&C application where the legal requirements for the application are otherwise met.
A person’s immigration history and the circumstances that resulted in their lack of status may nevertheless be relevant to the overall assessment.
Applicants should provide accurate information about their immigration history, previous permits, applications, refusals, and current status.
An H&C application should not be viewed as automatically regularizing a person’s temporary status simply because the application has been submitted.
A person who is subject to a removal order may, depending on the circumstances and applicable restrictions, still be able to make a Humanitarian and Compassionate Application.
However, submitting an H&C application does not automatically stop or delay removal from Canada.
A person who is facing enforcement or removal should therefore not assume that a pending H&C application gives them permission to remain in Canada until IRCC makes a decision.
The H&C application and any removal proceedings should be considered separately.
Special restrictions can apply to individuals who have made refugee claims.
A person generally cannot make an H&C application while a refugee claim is pending.
There is also generally a 12-month restriction following certain negative, withdrawn, or abandoned refugee claim decisions.
Exceptions to the 12-month restriction can apply in specified circumstances involving a child under 18 who would be directly and adversely affected by removal or certain life-threatening medical circumstances involving inadequate health or medical care in the relevant country.
Additional restrictions apply to designated foreign nationals.
Because these rules depend on the person’s refugee and immigration history, eligibility should be reviewed before an H&C application is prepared.
Section 25 can permit exemptions from certain requirements of Canadian immigration law, but H&C relief is not available to overcome every form of inadmissibility.
In particular, section 25 excludes foreign nationals inadmissible under specified provisions involving security, human or international rights violations, sanctions-related inadmissibility, and organized criminality.
Other inadmissibility issues require careful analysis to determine what exemption is being requested and whether H&C consideration is legally available.
A strong Humanitarian and Compassionate Application generally requires detailed evidence supporting the circumstances relied upon.
Depending on the case, documents may include:
Employment records;
Income and tax documents;
Residential records;
Educational records;
Letters from employers;
Community and volunteer records;
Letters of support;
Evidence of family relationships;
Evidence concerning children;
School records;
Medical documentation;
Psychological or counselling evidence, where relevant;
Country-condition evidence;
Financial documentation;
Immigration records; and
Other documents supporting the particular H&C factors.
The appropriate evidence will depend on the circumstances of the individual applicant.
Letters from family members, friends, employers, community organizations, religious organizations, teachers, neighbours, or other people who know the applicant may help document establishment and relationships in Canada.
Effective support letters should generally provide meaningful information about the writer’s relationship with the applicant and the circumstances they have personally observed.
Generic letters that simply state that someone is a good person may have less evidentiary value than detailed letters explaining the person’s role in the community, relationships, responsibilities, and circumstances.
An H&C application should clearly identify the exemptions being requested and explain why the applicant’s circumstances justify those exemptions.
Legal submissions may organize the evidence around the relevant factors and explain how those factors should be considered together.
The purpose is not simply to provide a large collection of documents. The application should present a coherent account of the applicant’s circumstances and connect the supporting evidence to the humanitarian and compassionate considerations being relied upon.
Humanitarian and Compassionate Applications can remain in processing for a significant period.
Applicants are responsible for keeping IRCC informed about relevant changes and ensuring that the decision-maker has the information they want considered.
Important developments may include:
Birth of a child;
Marriage or relationship changes;
Changes in employment;
Additional establishment in Canada;
New medical circumstances;
Changes affecting children;
Significant changes in country conditions;
New family circumstances; or
Other material developments.
Updating an application can be particularly important because H&C decisions are based on the circumstances and evidence available to the decision-maker.
No.
A Humanitarian and Compassionate Application is discretionary, and approval is not guaranteed even where an applicant has lived in Canada for many years or has family members in Canada.
IRCC describes H&C consideration as an exceptional measure.
Each application is assessed on its own facts. Applicants should therefore avoid assuming that any single circumstance—such as length of residence, employment, Canadian-born children, or community support—automatically results in permanent residence.
An H&C application can be refused where the decision-maker is not satisfied that the circumstances justify the requested humanitarian and compassionate relief.
The reasons for refusal should be reviewed carefully.
Unlike certain matters before the Immigration Appeal Division, there is no statutory appeal to the IAD from a refused H&C permanent residence application.
Depending on the circumstances, an applicant may need to consider whether another immigration application is available or whether there are grounds to seek judicial review of the refusal before the Federal Court.
A refusal of a Humanitarian and Compassionate Application may, in appropriate circumstances, be challenged through an Application for Leave and Judicial Review before the Federal Court of Canada.
Judicial review is not a new H&C application and does not involve the Court simply substituting its own assessment of the humanitarian factors.
The Court reviews the administrative decision to determine whether there is a legal basis for judicial intervention, including issues concerning the reasonableness of the decision or procedural fairness.
The proceeding begins with an application for leave and judicial review. Leave from the Federal Court is required before the case proceeds to a judicial review hearing.
If judicial review is successful, the Court may set aside the refusal and return the application for reconsideration by a different decision-maker where appropriate. The Court does not ordinarily grant permanent residence itself.
Strict deadlines apply. Under section 72 of IRPA, an application generally must be filed and served within 15 days for a matter arising in Canada or 60 days for a matter arising outside Canada after the applicant is notified of or otherwise becomes aware of the decision. A judge may extend the time for special reasons.
Whether a new application or judicial review is appropriate depends on the refusal reasons, evidence before the officer, subsequent developments, and legal issues in the particular case.
At Nadeem Law Office, we assist clients with Humanitarian and Compassionate Applications involving:
Establishment in Canada;
Family and community ties;
Best interests of children;
Canadian citizen children;
Country-of-origin hardship;
Health and medical considerations;
Family separation;
Family violence and vulnerability;
Applicants without valid immigration status;
Removal-related circumstances;
Previous refugee claims;
H&C eligibility and statutory restrictions;
Supporting documentation and evidence;
Legal submissions;
Updates to pending H&C applications;
Responses to IRCC concerns;
H&C refusals; and
Federal Court judicial review, where appropriate.
We review each client’s immigration history and personal circumstances to identify the relevant humanitarian and compassionate considerations and the evidence available to support the application.
A Humanitarian and Compassionate Application requires a detailed assessment of the applicant’s circumstances and the exemptions being requested. Establishment in Canada, family relationships, children’s interests, hardship, medical circumstances, and other relevant factors should be supported by evidence and presented in the context of the applicant’s overall situation.
H&C applications can also involve important legal issues where an applicant has no current immigration status, has previously made a refugee claim, is subject to a removal order, or has received a refusal.
Nadeem Law Office assists clients with Humanitarian and Compassionate Applications, refusals, and related Federal Court proceedings through our offices in Mississauga, Cambridge and London, Ontario.
Contact Nadeem Law Office to schedule a consultation regarding your Humanitarian and Compassionate Application.
info@nadeemlaw.com