Humanitarian & Compassionate Claims

Canada often grants permanent residence to individuals who meet certain criteria that fall under the category of “humanitarian and compassionate.” This may be applicable to immigrants who are not able to return home for various reasons.

A Canada H&C Application is for those with no immediate family in their home country as well as those whose families live in condition of danger, like poverty or persecution, and those who can’t return to their home country because their life would be threatened.

When filing for permanent residence under Humanitarian and Compassionate (H&C), you are telling the Canadian government that you or your family members are in a situation of distress and eventual harm associated with extreme emotional and often financial losses if you stay or return to your home country.

In order to successfully submit a Humanitarian and Compassionate Grounds case, you have to more than simply meet the eligibility criteria. The officer is really looking into your circumstances more closely to determine whether they are dire enough that an exception can be granted for not following Standard Operating Procedure.

These applications are based on case by case basis. Factors which are looked at include: 

• How settled the person is in Canada
• General family ties to Canada
• The best interests of any children involved, and
• What could happen to you if we do not grant the request.

Other rules that apply to humanitarian and compassionate grounds:

• You may only request humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or a permanent resident visa abroad. These requests will not be looked at for temporary applicants.
• It’s not possible to have more than one humanitarian and compassionate grounds application under review at the same time.
• We will not assess the potential risks involved with traveling to a country where we will be vulnerable to persecution as well as physical and psychological damage. Also, we won’t be subjected to physical duress such as imprisonment, bodily harm or humiliation.
• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one-year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:
• You have children under 18 who would be adversely affected if you were removed from Canada,
• You have proof that you or one of your dependents suffers from a life-threatening medical condition that cannot be treated in your home country.

Whether you’re interested in applying for Humanitarian and Compassionate Grounds in Canada or are unsure how best to start this process, contact us at Daffodils Immigration. Our team will be more than happy to help with any questions about your work permit applications.