Seeking fairness, compassion, and protection through special consideration under Canadian immigration law.
Applicants who do not meet the standard requirements for permanent residence in Canada may still be eligible to apply under Humanitarian and Compassionate (H&C) grounds. This category is not an alternative immigration program, but rather a special pathway designed to address unique and compelling circumstances.
An application under Humanitarian and Compassionate grounds can only be submitted from inside Canada. It is generally used by individuals who are currently in Canada, are not permanent residents, and do not qualify under other immigration categories.
In certain situations, if an individual was required to leave Canada after being found ineligible under other programs, they may still apply on H&C grounds if they can demonstrate that they were subjected to unfair or unequal treatment or would face significant hardship if required to remain outside Canada.
The H&C decision-making process allows immigration officers a high level of discretion. If granting an exemption from a specific requirement of the Immigration Act is justified on humanitarian and compassionate grounds, the officer may take this into consideration.
Decisions are made based entirely on the evidence and information submitted with the application. Since there is usually no interview, it is extremely important that the application clearly explains the hardship the applicant would face if the exemption is not granted.
Applicants must provide:
Strong supporting documentation
A detailed explanation of their circumstances
Clear reasons why they should be allowed to remain in Canada
The strength and clarity of the written submission play a critical role in the outcome of the application.
Under Section 25 of the Immigration and Refugee Protection Act, individuals who have had a failed refugee claim are generally not allowed to apply for Humanitarian and Compassionate consideration until 12 months have passed since the refusal.
However, this restriction does not apply to applicants who have dependent children, as they are exempt from the 12-month waiting period.
If your situation does not fit standard immigration programs, you may still have options. Our professionals will review your circumstances carefully and guide you through the Humanitarian and Compassionate application process with clarity and care.
