Humanitarian and Compassionate ("H&C") Applications for Permanent residence
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by Rekha McNutt
When all else fails, or you have no other options available, an H&C application may be your only hope.
What is an H&C application? An H&C request can be:
a request for permanent residence strictly on humanitarian grounds;
a request for an exemption from the application of some part of our immigration law or requirements; or
both
An H&C request is based on section 25 of the Immigration and Refugee Protection Act (“IRPA”), which states:
25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Typical scenarios where you might seek H&C relief include:
Wanting to remain in Canada and be granted permanent residence because of the hardship of returning to one’s home country;
Seeking exemptions from criminal inadmissibility;
Seeking exemptions from a serious medical condition that may cause excess demand on our health or social services.
Overcoming misrepresentation
Regardless of the reason you are seeking H&C relief, there are a number of factors that must be thoroughly addressed, including:
the reason why you left your home country to begin
the country conditions in your home country, and the impact of those conditions on you/your family
family ties to your home country vs. Canada
impact of family abroad if you were not permitted to remain here (ie. dependence on financial remittances
your establishment in Canada
the best interests of any children directly affected by a decision on your application
It is up to YOU (or your representative to put forth your strongest case. An Immigration officer will not ask you for more evidence or information about your case. The evidence necessary will vary from case to case, which makes it vitally important to have trusted representation with a complex H&C requests.