H & C - Humanitarian and Compassionate Grounds
Humanitarian and Compassionate (H&C) considerations allow the Minister to look into the situation of a foreign national who may not meet the usual requirements to stay in Canada. If the Minister believes there are compassionate reasons to do so, they can grant the individual permanent residency or exempt them from certain rules. This decision is made based on what's best for the individual, especially if there are children involved.
Factors that may influence the decision include, but are not restricted to:
1- Establishment in Canada:
Evidence of your integration into Canadian society.
Circumstances that prevent you from leaving Canada, contributing to your establishment.
2- Hardship (applies to applicants in Canada and overseas):
Ties to Canada that would be disrupted if you were required to leave.
Health concerns or family violence that may pose challenges if you were to return to your home country.
Consequences of being separated from family members who are in Canada.
Underlying circumstances and potential hardships if the applicant is returned to their country of origin.
As of December 10, 2015, there isn't a specific 'hardship test' for applicants under H&C. However, hardship remains a significant factor in determining whether humanitarian and compassionate considerations justify granting an exemption or permanent resident status.
3- Best Interests of Children:
Consideration of the well-being and welfare of any children affected by your application.
Ensuring that decisions made prioritize the interests of children involved.
These factors are crucial in evaluating your application and assessing your eligibility for humanitarian and compassionate considerations under Canadian immigration law.
How We Can Help
H&C Applications
We offer personalized consultations to assess your eligibility for an H&C application and discuss your individual circumstances.
We will assist you in preparing your H&C application and guide you through the process of gathering the relevant documentation to support your application.
We will provide legal representation throughout the H&C application process, advocating for your interests and presenting your case effectively.
We will handle communication with immigration authorities on your behalf, addressing all inquiries and updates regarding your application, promptly and accurately.
In the event of an interview request or the need for verification of information, we will provide guidance and support to help you prepare effectively.
We will keep you informed about the progress of your H&C application, providing updates and guidance on any additional steps that may be required.
We will assess potential remedies when needed and provide support and strategic guidance and representation to seek a favorable outcome.
H&C and Inadmissibility
If you or a family member are deemed inadmissible to Canada, it's important to address the reasons for inadmissibility before applying for permanent residence. Reasons for inadmissibility may include, but are not limited to, criminality, health concerns, financial issues, or misrepresentation.
In some cases where resolving inadmissibility is not feasible, you may request an exemption based on humanitarian and compassionate grounds. However, such exemptions are granted only under exceptional circumstances.
To learn how we can help you in such situation please visit Inadmissibility
