Humanitarian & Compassionate Applications (H&C)

Immigration Company in Scarborough, Toronto

What is a Humanitarian and Compassionate (H&C) Application?

Most applicants for permanent residence fall within the family reunification, economic, or refugee & protected persons classes. Some applicants fall outside these classes but have compelling cases to obtain permanent residence. Under A. 25 of the Act permanent residence may be granted to applicant(s) who otherwise do not meet the requirements of the Act therefore granting them extraordinary relief if otherwise inadmissible.

What is the process of a Humanitarian and Compassionate (H&C) Application?

There are 2 stages of approval of a successful applicant:

  1. Allowed to apply for permanent residence in Canada;
  2. Approved for permanent resident status in Canada

It is important to note that an applicant who is approved at the first stage could still be refused at the second stage.

What are the requirements of a successful H&C Application?

Applicants generally have to demonstrate they are likely to experience adverse conditions and undue hardship, and if involving dependent children, consider their best interest on the effects if they are required to leave Canada or denied entry. Majority of the applications under this category are made from within Canada.

The case of Kanthasamy v. Canada (Citizenship and Immigration), the Supreme Court of Canada outlined the pure subjective process of these cases and the vital importance to consider ALL relevant factors of each applicant. H&C applications are not meant as an alternative means of immigration, they are intended only for extraordinary cases.

The following are in general, the types of applicants who can or cannot apply for H&C:

GENERAL ELIGIBLE APPLICANTS INELIGIBLE APPLICANTS
  • Spouse or Common-Law Partner;
  • Live-in Caregiver;
  • Caregivers: caring for children or people with high medical needs;
  • Protected Person and Convention Refugees; and
  • Temporary Resident Permit Holder
  • Individuals under a Removal Order
  • Out of Status individual living in Canada
  • Applicants inadmissible based on security, human rights violation, organized criminality
  • Prior pending H&C application has been submitted
  • Prior pending Refugee claim or less than 12 months since the refugee claim was rejected, withdrawn, abandoned, unless there is a risk of life or an adverse effect on the best interests of the child
  • Designated Foreign Nationals are restricted for 5 years preceding their designation

 

How can Springwind Immigration help for H&C Application?

If you are thinking about this application, or if you know that you are ineligible for any other program, please book an initial consultation with our prestigious immigration consultant Jenny Lin. She has successfully helped many applicants get permanent residency through this program. Jenny Lin has 10 years of work experience as a Legal Specialist in a non-profit organization. Most of the clients she served there filed applications either for refugee claims or H&C applications. She has extensive experience and can best present your situation in the application.

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