Who Can Apply for Humanitarian and Compassionate Grounds in Canada?
If you’re living in Canada without legal immigration status and don’t qualify for any regular immigration programs, you may still have a chance to stay in the country through something called the humanitarian and compassionate program.
This program is a special part of Canada’s immigration system. It’s intended to help individuals who are already in Canada and would face severe issues if they were to leave and re-enter their country of origin. These are referred to as humanitarian and compassionate grounds, usually abbreviated as H&C.
Let’s simplify it.
What Is a Humanitarian and Compassionate Application?
H&C applications are a path that foreign nationals can avail themselves of to obtain permanent resident status in Canada when they are not eligible for other immigration classes. These applications are, in effect, asking for an exception to the set rule and law of Immigration, Refugees and Citizenship Canada (IRCC).
H&C is about your life in Canada and the problems you would face if you had to leave. Immigration officers will look at your humanitarian and compassionate considerations, your personal story, your ties to Canada, and your family situation to decide if you should be allowed to stay.
Who Can Apply for Humanitarian and Compassionate in Canada
So, who is eligible for humanitarian and compassionate in Canada? Generally speaking, this is open to individuals who:
- Are already living in Canada without a valid status
- Have lived in Canada for a long time and are well settled
- Have Canadian-born children or strong family ties in Canada
- Would face serious hardship (health issues, family separation, safety concerns) if they had to return to their home country.
- Were left out of a family sponsorship due to a mistake (like not being declared by the sponsor)
- Have medical or personal situations that make it difficult to go back.
In short, this application is for people who are in a tough situation and don’t have other immigration options.
Also Read: Immigrate To Canada: Easy Steps To Start Your New Journey
Humanitarian and Compassionate Considerations
Immigration officers will consider a number of humanitarian and compassionate considerations when considering your application. These are:
- How long you’ve lived in Canada
- Whether you work, go to school, or volunteer
- Your community involvement
- If you have children in Canada and how they be affected if you had to leave
- Any serious health issues you or a family member may have
- Whether returning to your home country would be dangerous or unfair in your situation
Every case is different, and there are no hard and fast rules. The aim is to learn about your story and the issues you are experiencing.
Who Can’t Apply?
There are a few individuals who can’t apply for H&C, at least not immediately. You can’t apply if:
- You have a refugee claim currently being processed (unless you withdraw it first)
- You had a refugee claim rejected in the last 12 months
(unless you have children under 18 who would suffer if you were removed, or you have a life-threatening medical issue) - You withdrew a refugee claim in the past year
- You were labeled a “Designated Foreign National” – in that case, you have to wait 5 years before applying
Final Thoughts
Canada’s humanitarian program is designed to help individuals in truly difficult circumstances. It’s not an easy process, and not everyone will qualify. But if you believe you’d face real hardship by leaving Canada, and you’ve built a life here, this could be your chance to apply for permanent residence.
If you think you might be eligible, contact us and we’ll help explain your story in detail and make sure your application contains all the correct information.
Frequently Asked Questions (FAQs)
- What is a humanitarian and compassionate application?
It’s a special request for permanent residence in Canada based on personal hardship and strong ties to Canada.
- Who is eligible to apply for humanitarian and compassionate in Canada?
Any person in Canada without status who would suffer significant hardship if they were removed, and who has no other way of immigrating.
- Can I apply if my refugee claim was rejected?
You can apply after 12 months, except if you have minor children who will be impacted or serious health issues that can’t be treated in your home country.
- Do I need to be in Canada to apply?
Most H&C applications are for individuals within Canada, but exceptionally, individuals outside Canada can apply.
- What are humanitarian and compassionate considerations?
They include how long you’ve lived in Canada, your family ties, health issues, and how removal would affect your life.
