Humanitarian and Compassionate Grounds in Canada: Guide
Are you already in Canada and concerned about being asked to leave? If returning to your country of origin would lead to significant problems or difficulties for you, you might be able to stay by applying under Humanitarian and Compassionate (H&C) grounds.
Let’s go through what that involves and how the process works!
What Is an H&C Application?
An H&C application is an option to request the Canadian government to allow you to stay in Canada on a permanent basis, even if you do not qualify based on normal immigration rules.
It’s for those who are currently in Canada and would suffer considerably if they had to return to their home country. These reasons might be due to health conditions, separation from family, or a life fully established in Canada.
This is different than a refugee claim. Refugees are individuals who are afraid of persecution or harm in their home country. H&C applications are more about your own personal situation in Canada, such as how long you’ve been here, family, work, health, and what life would be like if you were forced to leave.
Who Can Apply
Nearly anyone in Canada can make an application on H&C grounds. But it’s meant to be a last option, something you apply for when no other immigration pathway works for you.
On the other hand, you cannot apply to H&C if:
- You’re outside of Canada
- You’ve already made another H&C application that’s still being processed
- You’re trying to claim refugee protection through this application (this is a separate process)
- You’ve had a refugee claim refused in the last 12 months (unless you have children who’d be affected)
Also Read: Who Can Apply for Humanitarian and Compassionate Grounds in Canada?
What Do Immigration Officers Consider?
When immigration officials consider your application, they consider your entire life in Canada and what would happen to you (and your family) if you were forced to leave.
Some things that work in your favor:
- You’ve been in Canada for many years and are well settled
- You have Canadian-born children or children who are doing well in school here
- You’re working or volunteering
- You’ve learned English or French
- You have strong friendships and community ties
- You’ve studied or finished education here
- You have health problems that can’t be treated in your home country
- You’d face serious problems or hardship if you returned home
- You own property or have savings in Canada
Every case is different, so the more evidence you provide about your life here and how you’d suffer if returned, the stronger your application.
How Do You Apply?
To apply, you will need to:
- Fill out the correct forms for applying from within Canada.
- Collect all your documents and evidence to support your case.
- Write a personal letter (called a submission letter) explaining your situation.
- Pay the application fee.
- Mail everything to the immigration office.
It’s really important to provide as much evidence as you can. The immigration officer will make their decision about your case depending on what you provide for them, so don’t hold anything back.
Some helpful documents include:
- Letters from friends, family, employers, or teachers
- Job or school evidence
- Bank statements or tenancy agreements
- Medical reports
- Photos with friends or family
- Reports or letters that show hardship back home (like unsafe conditions or lack of treatment)
How Long Does It Take?
These applications work out over a period of time, typically 2 to 3 years, occasionally longer. During this period, you’re usually able to stay in Canada. But it’s a good idea not to travel outside the country, because you might be asked to attend an interview or send more documents.
What Happens If You’re Approved?
If your application is approved, congratulations! You’ll become a permanent resident of Canada. After that, you’ll need to:
- Take a medical exam
- Provide police clearance
- Next, you’ll get your PR card, making you officially a permanent resident.
What If Your Application Is Refused?
If your application is refused, don’t worry – you have options. You can appeal to the Federal Court, but you’ll need to act quickly. You have only 15 days to make a review application once the decision is made.
This can be a complicated process, so it is best to consult with a professional immigration lawyer or consultant immediately.
Let New Jain Immigration Help You
At New Jain Immigration, we know how stressful and confusing immigration can be, especially when your future in Canada is on the line. We’re here to help you every step of the way.
Whether you need help putting together your H&C application, writing your story, or collecting the right documents, we’ve got your back.
Call us today for expert guidance and help with your immigration issues. You don’t need to do it alone. Allow us to help you build your future in Canada.
Frequently Asked Questions (FAQs)
- Who is eligible to apply for an H&C application in Canada?
Anyone staying in Canada who would suffer significant harm if forced to leave can apply, as long as they meet basic eligibility and are not excluded by the current refugee claim policy.
- How is an H&C application processed?
Typically, it takes roughly 24 to 36 months, but it may take a bit longer for some cases.
- Can I apply for H&C from outside Canada?
No, H&C applications are only for people who are currently living in Canada. - Can I work or study while my H&C decision is pending?
In certain situations, you might be able to apply for a work or study permit, but it’s not always possible; it depends on your case.
- What if my H&C application is refused?
You can ask for a judicial review in the Federal Court within 15 days, but you’ll likely need legal help to do so.
