Humanitarian and Compassionate (H&C) Grounds is a specific category within Canada’s immigration system that allows individuals who are not eligible for permanent residency through other immigration pathways (such as family sponsorship, skilled worker programs, or refugee claims) to apply for permanent residency based on compelling humanitarian and compassionate circumstances.

This program is designed for individuals who are already in Canada but are facing exceptional situations that would cause them significant hardship if they were to return to their home country.

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

Under Humanitarian and Compassionate (H&C) grounds, Canadian immigration authorities assess whether the applicant would face undue hardship if they were removed from Canada and sent back to their home country. The application is typically used by individuals who do not qualify under any other immigration category but have compelling reasons to stay in Canada.

Key Features of the Humanitarian & Compassionate (H&C) Application:

1. Not an Automatic Pathway: Unlike other immigration programs, an H&C application is discretionary, meaning that the decision-maker has the flexibility to approve or deny the application based on the circumstances presented.
2. Compelling Circumstances: Applicants must demonstrate that returning to their home country would result in significant hardship. This can include reasons such as:
   • Medical issues: If the applicant has a medical condition that cannot be treated adequately in their home country.
   • Family ties: If the applicant has established strong family connections in Canada, and separation would cause undue hardship, particularly for children or other dependents.
   • Risk of harm: If the individual would face physical, emotional, or mental harm (such as persecution, violence, or threats to safety) if returned to their home country.
   • Integration into Canada: If the individual has become significantly integrated into Canadian society (e.g., they’ve been living in Canada for many years, have a job, and contribute to their community).
3. Discretionary Process: The decision is made based on the officer’s assessment of the situation, considering factors like:
   • The best interests of any children involved.
   • The hardship that the applicant would face upon returning to their home country.
   • The applicant’s ties to Canada (family, employment, community involvement).
   • The applicant’s history in Canada (how long they’ve lived in Canada, their legal status, and other factors).

Who Can Apply for Humanitarian & Compassionate Grounds?

Humanitarian and Compassionate applications are generally used by individuals who:

• Do not qualify under other immigration programs (such as skilled worker, family sponsorship, etc.).
• Are already in Canada and are unable to leave due to hardship.
• Have been in Canada illegally (for example, if their visa or status has expired).
• Have been refused refugee status but have compelling reasons to remain in Canada.

In many cases, people who are in Canada without valid status (i.e., those who overstayed their visas or entered without authorization) may apply for permanent residency under H&C grounds.

Process of Applying for Permanent Residency on Humanitarian & Compassionate Grounds:

1. Submit the Application: You must submit your H&C application to Immigration, Refugees, and Citizenship Canada (IRCC).
   • Your application will require forms, supporting documents (e.g., medical records, proof of family ties, proof of integration into Canadian society, etc.), and fees.
2. Evaluation of Application: IRCC will review the submitted application and documents to assess whether there are compelling humanitarian or compassionate reasons for granting permanent residency.
   • Immigration officers will consider factors such as your ties to Canada, hardship you’d face if returned to your home country, and any other special circumstances.
3. Interview or Additional Information: In some cases, IRCC may request an interview with the applicant or additional information/documents to further assess the claim.
4. Decision: Once the review is completed, IRCC will make a decision. If your application is successful, you will be granted permanent residency in Canada. If the application is refused, you may appeal the decision or seek other options depending on your situation.

Factors That IRCC Will Consider:

1. Hardship in Home Country: The applicant’s situation in their home country and the potential risk they face if forced to return (e.g., persecution, lack of access to healthcare, risk of harm, etc.).
2. Family and Community Ties: How strong the applicant’s ties are to Canada, especially family connections, children’s well-being, and community involvement. The best interests of children will always be a primary consideration.
3. Length of Stay in Canada: Applicants who have been in Canada for many years and have contributed positively to society (through work, volunteerism, or paying taxes) may have a stronger case for approval.
4. Children and Dependents: Applications that involve children or dependents may have more favorable outcomes, particularly if the children have strong ties to Canada and it would be detrimental to their well-being if removed.
5. Admissibility Issues: If an applicant has a criminal record or has violated Canadian laws, this may affect their eligibility for a Humanitarian & Compassionate application. However, each case is unique, and the severity of the violation and the applicant’s circumstances will be taken into account.

Benefits of Humanitarian & Compassionate Applications:

• Access to Canadian Permanent Residency: If successful, applicants can obtain permanent residency, which gives them rights similar to Canadian citizens (the right to live, work, and study in Canada).
• Pathway to Citizenship: After meeting residency requirements, a permanent resident can apply for Canadian citizenship.
• Family Reunification: If approved for permanent residency, the applicant can sponsor their family members (such as spouses or children) to come to Canada.

Challenges and Considerations:

• High Discretionary Nature: H&C applications are not guaranteed and are evaluated on a case-by-case basis. The decision depends heavily on the applicant’s unique circumstances.
• Long Processing Times: These applications can take a considerable amount of time to process, and applicants may not be able to work or study during this period unless they apply for a work permit or study permit separately.
• Complex Documentation: The applicant must provide compelling evidence of their hardship and ties to Canada, which can sometimes be difficult to gather or document.

Key Takeaways:

• Humanitarian and Compassionate grounds provide a pathway to permanent residency for individuals facing significant hardship in their home countries or unique situations in Canada.
• The process is discretionary, and IRCC will evaluate each case based on its specific circumstances.
• The most common reasons for applying include medical issues, family reunification, risk of harm if returned to the home country, and integration into Canadian society.

If you’re considering applying on Humanitarian & Compassionate grounds, it may be helpful to consult an immigration lawyer or consultant to assist with the process, as these applications can be complex and require thorough documentation.

Would you like more specific advice on applying or preparing documents for this process?