A Comprehensive Guide to Humanitarian and Compassionate Considerations in Canada

Individuals who do not typically qualify for permanent residency in Canada may have the opportunity to apply based on humanitarian and compassionate (H&C) grounds, particularly if their education has contributed to their unique situation. Understanding H&C considerations in Canada is crucial, as these grounds are meant for those with exceptional cases. Each application is reviewed individually, with various factors taken into account.

What Are Humanitarian and Compassionate Grounds?

Humanitarian and compassionate (H&C) grounds in Canadian immigration are used to evaluate extraordinary cases individually, emphasizing an individual's integration into Canadian society, family connections, the best interests of any children involved, and the possible consequences if the application is denied.

Key Factors for Consideration

• Level of Establishment in Canada: How well the applicant has settled and integrated into Canadian life.

• Family Connections: The applicant’s family ties in Canada.

• Children’s Best Interests: How the outcome of the application could impact any children involved.

Eligibility Requirements

Humanitarian and compassionate grounds can only be requested if you are applying for permanent residency in Canada or a permanent resident visa from abroad. Requests from those holding temporary resident status will not be considered.

You are allowed only one H&C application at a time, so it is vital to fully understand the H&C process in Canada before proceeding.

Risk factors such as persecution, risk to life, or cruel and unusual treatment or punishment will not be considered under H&C grounds.

You are ineligible to apply on H&C grounds if you have a pending refugee claim. If you wish to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.

You are also ineligible if you received a negative decision from the IRB within the past 12 months. This is referred to as the “one-year bar.” (If your refugee claim was declared abandoned or withdrawn by the IRB, this counts as a negative decision.) Exceptions to this rule include:

• Children Under 18: If your removal from Canada would negatively impact them.

• Medical Conditions: If you or a dependent have a life-threatening medical condition that cannot be treated in your home country.

About Designated Foreign Nationals

Individuals who enter or attempt to enter Canada illegally may be classified as part of an “irregular arrival.” This designation comes with specific rules and limitations.

If you were part of an irregular arrival, you would be deemed a “designated foreign national.” You will receive written notification of this status from the Minister of Public Safety.

You are barred from applying for H&C grounds for permanent residency until five years have passed since the following:

• The date you were designated a foreign national.

• The IRB issued a final negative decision on your refugee claim.

• You received a negative Pre-Removal Risk Assessment decision.

If you apply for H&C grounds and are later designated a foreign national, your application will be paused for five years from the date of designation, the negative IRB decision, or the negative Pre-Removal Risk Assessment decision, whichever is applicable.