Updated on November 8, 2024 by canadian immigration experts
Navigate This Post
What does Humanitarian & Compassionate Grounds Mean?
Let’s talk about a part of Canadian immigration that is not very well known. It’s called Humanitarian & Compassionate (H&C) grounds a unique process that looks at your story and situation to grant you permanent resident (PR) status in Canada. We are exploring what Humanitarian & Compassionate Grounds means, who qualifies for H&C and how to apply for the program.
The Immigration and Refugee Protection Act’s section 25 says that Canada can give someone permanent residency if they qualify because of Humanitarian & Compassionate grounds. There are many reasons you might qualify, like if you worked in Canada for a long time or if you have kids who go to school here. There can be a multitude of reasons why you may need to be considered based on compassionate grounds, but before, let’s check to see who can qualify to apply.
Let's Get Started
If you require assistance with applications under Humanitarian & Compassionate Grounds, reach out to our professional and knowledgeable team today!
H&C Application Eligibility
To be eligible for a Humanitarian & Compassionate ground application, the following has to be considered:
- How settled are you in Canada? This factor considers your family, friends, community, education, and time you have lived in Canada.
- The possible difficulties you might face if you are forced to return home. These difficulties can take shape in many forms: political tensions, unemployment, poor economy, social tensions, and uniform social or religious beliefs.
- The impact on your children: The IRPA immigration officers must consider the possible impact your children might face if they are removed from Canada while your application is being processed. The impact is also considered in the physical and psychological sense of being affected.
- Health considerations if your home country cannot support you or your family medically if they are removed from Canada. If you are returning to a country that can’t properly treat you or a loved one’s condition.
- Family separation is considered.
- The possible implications you might face if your application is rejected.
- Other special circumstances.
Required Documents For Humanitarian & Compassionate Grounds Application
When creating an application, having the correct documentary evidence is crucial. This evidence helps communicate and validate your case effectively. You may be required to provide the following documents as proof of your presence in Canada:
- Messages or letters from family members describing how difficult it would be if you left Canada.
- Messages or letters from friends and the community that show your ties and how you play an essential role. The exchange must show what roles you play in either religious organizations, volunteer groups, or social activities.
- Letter of employment, demonstrating proof of your employment, history of income and the nature of work you completed.
- All letters and messages must be personally written, dated, and signed by the author. The author should also state the relationship between you and the applicant.
- If you have children, you might be asked to provide documents proving your children’s educational lives in Canada, such as report cards, letters from teachers and friends from school, participation certificates in school and after-school events, etc. The children can also write letters on why they want to stay in Canada and how important it is for them.
- Photos of you in Canada: the images can have you and your family/friends, community gatherings, social events, etc.
What Makes You Ineligible For An H&C Application
The following factors might make you ineligible for an H&C application:
- If you are currently a temporary resident in Canada, you cannot apply for H&C. This is because your impact in Canada hasn’t been established
- You cannot have already filed a refugee claim that is pending.
- If you have been denied admission by the Immigration Review Board. You can only re-apply after 12 months.
- If you have been denied entry, you may only re-apply before 12 months have passed unless you have children under 18 years who have been greatly affected by the removal.
- You can also re-apply if you have a medical condition that needs immediate treatment that is absent in your home country.
- If you have been designated a “foreign arrival,” i.e., the way you entered Canada was by illegal means. You would not be able to apply for H&C until 5 years after being given the designation.
How to Apply For Humanitarian & Compassionate (H&C) Grounds
If you are looking to apply for H&C, you must fill out an application with the necessary forms. If you are already living in Canada, you will need to fill out the following two forms:
- The general application for immigration to Canada (IMM 0008).
- An application requesting an exemption based on Humanitarian & Compassionate grounds (IMM 5283).
If you are living overseas, you have to fill out an application form for one of the three following immigration classes:
- Family Class
- Economic Class
- Refugee Program
If you are successful with your application, based on Humanitarian & Compassionate grounds, you can begin applying for permanent residency in Canada.
Free Assessment
If you require assistance with applications under Humanitarian & Compassionate Grounds, reach out to our professional and knowledgeable team today!
For support and a winning strategy in your case, don’t hesitate to reach out to us.
Whether you have questions about H&C or are ready to apply, our experienced managers at Jane Katkova & Associates, with over 20 years of expertise and numerous successful H&C applications, are dedicated to ensuring your application is thorough and stands the best chance of approval. We’re here to assist you every step of the way.
