Humanitarian and Compassionate (H&C) Application
A Humanitarian and Compassionate (H&C) application is a request to the Immigration, Refugees, and Citizenship Canada (IRCC) for special consideration to become a permanent resident of Canada. This application is often made when an individual does not meet the criteria for other immigration programs, serving as a final option to remain in the country.
In an H&C application, you must demonstrate significant reasons why you should be allowed to stay in Canada. This could include showcasing your deep ties to Canadian society, the impact on children, or the hardships you would face if forced to return to your home country. H&C applications are typically made to highlight extraordinary or difficult circumstances that would make it unjust or inhumane to remove you. If you believe your situation qualifies, it is crucial to present a well-documented and compelling case to the IRCC for consideration.
Who can apply
Anyone who is in Canada and facing exceptional circumstances that make it difficult or impossible to return to their home country can apply for a Humanitarian and Compassionate (H&C) application. Typically, applicants who do not qualify for other immigration programs, such as family sponsorship or economic immigration streams, may turn to the H&C process.
Common applicants include:
- Individuals without legal status in Canada – those who have overstayed their visa or entered the country without authorization.
- Permanent residents facing removal – individuals who are at risk of being deported but have strong ties to Canada.
- Individuals with family in Canada – those with close family ties in Canada, such as children or spouses, who would face hardship if separated.
- People facing difficult circumstances – such as serious health issues, abuse, or significant risks to personal safety if returned to their home country.
Each case is unique, and applicants must demonstrate hardship, compassion, or strong connections to Canada to qualify.
Requirements for a Humanitarian and Compassionate (H&C) Application
To apply for a Humanitarian and Compassionate (H&C) application, you must demonstrate exceptional circumstances that make it difficult or unjust for you to return to your home country. There are no specific eligibility criteria like those for other immigration programs, but certain factors are considered by the Immigration, Refugees, and Citizenship Canada (IRCC) when reviewing the application.
Strong ties to Canada – showing that you or your family members have significant connections to Canadian life, such as having children in school or being involved in community activities.
Hardship – demonstrating that you would face significant hardship if forced to leave Canada, such as health issues, danger to personal safety, or the impact on your children.
Length of stay – how long you have been living in Canada, as prolonged residence may strengthen your case.
Best interests of children – highlighting how children in your care would be affected by your removal.
The application process requires careful documentation to present a compelling case based on your unique situation.
How Kurzfeld Immigration Law Firm Can Help with Your Humanitarian and Compassionate (H&C) Application
At Kurzfeld Immigration Law Firm, our dedicated team of immigration professionals is here to guide you through the Humanitarian and Compassionate (H&C) application process. We provide personalized consultations to understand your unique circumstances and determine the best approach for your case. Our experienced lawyers assist with gathering and organizing required documents, ensuring your application is thorough and compelling. We will work with you every step of the way, handling any challenges and helping you present your case in the strongest possible light, maximizing your chances for a successful outcome.
