What is a Humanitarian and Compassionate application?
Applicants who do not meet the criteria for permanent residence in Canada may be able to qualify on humanitarian and compassionate grounds. The Humanitarian & Compassionate (H&C) category is not an alternative way to apply for residency, but rather a special circumstance pathway. An applicant’s eligibility to apply through the Humanitarian and Compassionate Grounds is determined by a number of factors. Humanitarian and compassionate grounds is an application filed from inside Canada. If you currently reside in Canada and are not a permanent resident since you did not meet the requirements, you are also not eligible for the other strands. If you were then made to leave Canada, you may be able to file for humanitarian and compassionate grounds on the basis that you received unfair and unequal treatment.
If a specific grant of an exemption from an Act requirement is justified, the H&C decision-making procedure will take that into account. As a result, authorities are given a great deal of discretion in assessing these applications. The evidence and information in the submission constitute the basis for the officer’s decision. The petitioner must clearly state in their application what difficulty they would experience if the sought exception were not granted (s). Since there is typically no interview, it is crucial to give the strongest supporting documentation and an extensive justification of why you should be allowed to stay in Canada.
Who is eligible to use this application?
On the basis of humanitarian and compassionate reasons (H&C), you may utilise this application to apply for permanent residence from within Canada if you:
Who cannot apply for an H&C Application?
As stated under section 25, anyone who is a failed refugee claimant, cannot legally apply for an H&C application until 12 months after the failed refugee claim. However, claimants with dependent children are exempted from this rule.