Humanitarian & Compassionate Grounds
Humanitarian and Compassionate (H&C) grounds are a pathway for individuals to apply for permanent residency in Canada when exceptional circumstances prevent them from qualifying through other immigration programs. This option is designed for cases where applicants face significant hardship or unique challenges that warrant special consideration.
Over 3,000 permanent residencies were granted on Humanitarian and Compassionate grounds in 2023.
Who Can Apply?
H&C applications are for people who are already in Canada and cannot return to their home country due to:
- Personal hardship, such as medical issues or lack of family support.
- Unsafe conditions in their country of origin.
- Cannot be used to apply for refugee protection.
Eligibility
- Typically available to individuals already in Canada.
- Refugee claimants with a rejected claim must wait 12 months before applying (unless exceptional circumstances apply).
- Refugee claimants with a rejected claim must wait 12 months before applying (unless exceptional circumstances apply).
Factors Considered in H&C Decisions
Immigration officers assess applications based on:
- The applicant’s level of establishment in Canada (e.g., work, community involvement).
- The potential hardship faced if required to leave Canada.
- Family ties in Canada.
- The well-being of any dependent children.
Limitations
1. Individuals with an active refugee claim cannot submit an H&C application while their refugee claim is being processed.
2. H&C applications cannot be used to request refugee protection.
Decision Outcomes
A positive decision grants permanent residency, while a refusal means the individual may need to leave Canada unless other options are available.
Process and Limitations
- Application Process: Applicants must submit detailed documentation to support their claims, including proof of hardship, ties to Canada, and any relevant medical or legal reports.
- Processing Time: H&C applications can take several months to process, as they involve detailed case-by-case assessments.
- One-Time Application: Applicants are generally limited to submitting one H&C application unless significant new evidence arises.
Why Choose H&C Grounds?
This program is a last-resort option for those who have exhausted other immigration pathways. It reflects Canada’s commitment to compassion and fairness by providing relief to individuals in dire situations.
H&C applications allow people to present their unique circumstances and make a case for staying in Canada based on humanitarian values and compassion.
