Humanitarian And Compassionate Grounds (H&C)
What is Humanitarian And Compassionate Grounds (H&C)
This program offers a unique opportunity for individuals facing exceptional circumstances to seek immigration status in Canada based on humanitarian and compassionate grounds. It provides a compassionate pathway for those who may not meet the regular immigration criteria but have compelling reasons to stay in Canada.
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All Applications are Assessed on a Case-by-Case Basis.
In evaluating applications for the H&C program, the government seeks candidates who present compelling and legitimate reasons for departing their homeland to settle permanently in Canada, particularly those facing threats to their physical and mental health.
It’s important to distinguish the H&C program from the refugee program, which caters to individuals escaping persecution in their country of origin.
Elderly parents with children and grandchildren permanently residing in Canada often turn to the H&C program, especially when they lack family, financial, or other connections in their home country. This program is also a viable option for individuals who have faced rejection under the refugee immigration program.
The H&C Program takes into account various factors when considering an application:
01
Establishment in Canada
The applicant’s establishment in Canada, including their ties to the community, integration, and contributions made to Canadian society.
02
Hardship and Adversity
The degree of hardship and adversity the applicant would face if required to leave Canada, such as risk to personal safety, health concerns, or adverse conditions in their home country.
03
Best Interests of a Child
The impact on any children involved and their best interests, including access to education, healthcare, and a stable environment.
04
Family and Social Support
The presence of close family members, especially Canadian citizens or permanent residents, who would experience hardship if the applicant were to be removed from Canada.
Reasons for Applying under Humanitarian & Companionate Grounds
Applicants may choose to apply under the H&C Program for various compelling reasons, such as:
01
Risk to Life or Safety
Individuals facing persecution, violence, or other forms of harm in their home country, where their safety cannot be guaranteed.
02
Humanitarian Crisis
Those affected by natural disasters, armed conflicts, or other situations leading to a significant humanitarian crisis in their home country.
03
Unusual or Exceptional Hardship
Individuals who can demonstrate exceptional personal or family circumstances that would result in significant hardship if they were to return to their home country.
04
Best Interests of a Child
Cases involving children who would be adversely affected by separation from their primary caregiver or who would face severe hardship in their home country.
Important Factors to Consider
Several important factors can significantly impact the H&C Program:
- Evidence and Documentation: Providing strong and compelling evidence to support the application is crucial. This includes supporting letters, personal statements, and any relevant documentation substantiating the claims made.
- Case Strategy and Preparation: Each H&C application is unique, and developing a well-thought-out case strategy is essential. Diligent preparation, attention to detail, and thorough documentation are key to a successful application.
- Discretionary Decision-Making: The H&C Program involves discretionary decision-making by immigration officers. Understanding this aspect and presenting a persuasive case that aligns with the program's objectives is vital.
Our dedicated team of consultants possesses in-depth knowledge of the program's requirements and the complexity involved in presenting a strong H&C application.
Humanitarian and Compassionate Grounds Questions
The application process for the Humanitarian & Compassionate Grounds (H&C) program is detailed and can take a significant amount of time. On average, an H&C application made from within Canada can take about two to three years to process. During this time, you might be allowed to stay in the country if you submit additional applications.
Generally, applying for H&C does not give you the right to work or study. You would need to apply for a work or study permit separately.
If your H&C application is denied, you cannot appeal the decision. However, you can seek a judicial review in Federal Court if you believe there was an error in how the decision was made.
Yes, family members can be included in your application. However, each family member’s situation will be individually assessed.
Mavis Baker, a Jamaican citizen, applied for permanent residence on H&C grounds after living in Canada for several years without legal status. The Supreme Court of Canada ruled that decision-makers must consider the best interests of children affected by the decision. The case emphasized the need for fair procedures and transparent decision-making, which leads to the principle that children’s interests should be the primary factor in H&C cases.
Senthuran Kanthasamy, a Tamil teenager from Sri Lanka, applied for permanent residence on H&C grounds citing mental health issues and fear of persecution. The Supreme Court of Canada ruled that the term “unusual, undeserved, or disproportionate hardship” should be interpreted flexibly and compassionately approach when assessing H&C applications.
Fatima Raham, who had serious medical conditions, applied for H&C consideration. The Federal Court emphasized the need to consider medical conditions and the availability of appropriate medical care in the applicant’s home country. This case highlighted that health issues and the lack of adequate medical care should be important factors in H&C assessments.
Raji Baroud applied for H&C consideration based on family ties in Canada. The Federal Court ruled that the strength and nature of family relationships in Canada are crucial factors. This case underlined that the presence of close family members and the emotional support network they provide should be given substantial weight in H&C applications.
Jayson Mapoy, a Filipino citizen, applied for H&C based on his contributions to the community and Canadian society. The Federal Court established that an applicant’s positive contributions, such as community involvement, volunteer work, and employment, should be significant considerations in H&C decisions. This case underscored that an applicant’s integration and positive impact on their community are vital factors.
The case involved an applicant who had lived in Canada for many years and established connections here in Canada. The Federal Court said that it was really important to consider the degree of establishment and integration into Canadian society, including employment, community involvement, and social connections. This case showed that a well-established life in Canada should be a critical factor when making decisions on H&C applications.
Jian Wu’s H&C application was denied without adequate consideration of all relevant factors. The Federal Court of Appeal underscored the need for procedural fairness and the thorough weighing of all applicable aspects, such as personal circumstances and hardships. This case reinforced that decision-makers must ensure fair and comprehensive evaluations in H&C cases.