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Immigration Law Firm. Humanitarian & Compassionate Consideration

Humanitarian & Compassionate Consideration

What is Humanitarian and Compassionate Consideration?

Humanitarian and Compassionate Consideration, also referred to as H&C, are applications for permanent residency in Canada. Immigration, Refugees and Citizenship Canada (IRCC) classifies humanitarian and compassionate consideration as providing flexibility to allow permanent residence status to certain foreign nationals who would otherwise not qualify under any other immigration class in Canada; this is in cases where there are also compelling humanitarian and compassionate grounds. In most cases, these certain foreign nationals often do not have legal status in Canada, however, they do not want to leave Canada and would like the opportunity to stay.

H&C applications are intended for individuals who would suffer from excessive hardship should they have to return to their home country. This excessive hardship would not include any costs or inconvenience of leaving the country. Apart from proving hardship, the applicant must also make specific arguments that affect their personal circumstances if they were to leave Canada and thus would become relevant when requesting humanitarian and compassionate consideration.


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Who Can Apply for Humanitarian and Compassionate Consideration?

When applying for an H&C application, it is important to recognize that these applications are usually only applied for as a last resort. The individuals that apply for H&C applications most of the time do not have any other option available to them to immigrate to Canada and are thus left with the H&C application. In these cases, the applicant is requesting that Immigration, Refugees and Citizenship Canada (IRCC) makes an exemption to the specific guidelines and requirements set out in the IRPA and the Regulations considering the specific circumstances of the applicant and the hardship they would endure if they were to return to their home country. Therefore, an individual can apply for permanent residency in Canada on humanitarian and compassionate (H&C) grounds, if they:

  • Currently reside in Canada
  • Require an exemption from one or more of the requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residency in Canada
  • Are not eligible to apply for PR from within Canada in any of the following classes: – Spouse or Common-Law Partner Sponsorship, – Federal Skilled Worker, – Express Entry, – Live-in Caregiver Program, – Protected Person, – Convention Refugees, or – Temporary Resident Permit Holder.
  • Believe you would endure unusual and undeserved hardship if you were required to leave and exit Canada

Factors that Contribute to the H&C Application

When requesting humanitarian and compassionate consideration for permanent residency in Canada, it is very important to submit as much documentation and information that you can that relates to your personal circumstances in Canada. There are several factors that an applicant should consider when applying for an H&C application, such as:

  • Family ties in Canada
  • Employment ties in Canada
  • Financial ties or investments in Canada
  • Social ties to your community in Canada
  • Any property ownership/lease
  • Studying in Canada
  • Any upgraded language skills in English and/or French

How to Increase your Chances for a Successful H&C Application?

Establishment in Canada is essential to increasing your chances for a successful H&C application. For instance, if you are a foreign national that was on a valid work permit, however, it expired but you continued working under the table and have established yourself in a Canadian society and economy, this would be beneficial to your H&C application. Immigration officers will examine whether you have established yourself in Canada in more than one way and have a centralized way of life in Canada. Because of the establishment that has been created in Canada, this has led the individual to create a way of life in Canada and would not return back to their home country because of hardships they would endure. This centralized way of life in Canada would make it extremely difficult for the individual to return to their home country.

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I would like to thank Shabnam and her team for all their help and guidance in securing my permanent resident status. They are a professional law firm who know the express entry process very well. I would highly recommend them to anyone who is applying through the express entry program.

Mahima Raina

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Shabnam and her associates helped me deal with an immigration issue – just like the government agencies in the US, Canada has complex requirements and forms to sort through and fill out- she was great at explaining the process and walking me through all the forms step by step- I am glad I chose her and am happy with the results. I would definitely recommend her!

Debbie Kar

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They have been extremely helpful the entire process, with communication being easy and fast. All the questions I ever had were answered and now my wife is coming back to Toronto via spousal sponsorship! Thank you!

Connor Rideout

Frequently Asked Questions

How can I immigrate to Canada in 2020?
Immigrating to Canada is not an easy process. Canada has developed several programs in which it allows foreign nationals to permanently settle in Canada but they need to follow a step by step process which allows them to successfully migrate to Canada. Every case is unique to its circumstance so it is important to know which options are available for you in 2020.

Some of the most asked about applications include the express entry, family class sponsorship, live-in caregiver, provincial nominee programs, investor category immigration.

What are the requirements to immigrate to Canada?
There are unique requirements for different individuals that must be met in order for them to gain permanent residency in Canada. If you are looking to apply for express entry they will take into account your work experience, language ability (English or French proficiency), age, education level, and family size to determine if you meet the requirement to permanent migrate to Canada.

It also depends on which application you are eligible to apply too. Some requirements include a valid job offer, a high language ability test score, at least one year of work experience, and many other requirements that are for a permanent resident application.

What is the fastest way to immigrate to Canada?
Immigrating to Canada can take a number of months and in some cases a few years. Processing time is completely up to the discretion of Citizenship and Immigration Canada (CIC). That is why it is important to submit a strong and organized application in order to avoid any delays and frustration.

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