Canadian Humanitarian and Compassionate Program
The Humanitarian and Compassionate (H&C) program is a crucial immigration pathway within Canada’s immigration framework, designed for individuals who would face significant hardship if required to leave Canada. This program allows individuals to apply for permanent residency based on humanitarian and compassionate grounds, considering factors such as established connections to Canada, family ties, and the best interests of any children involved.
Applicants must demonstrate compelling reasons why they should be allowed to remain in Canada, highlighting personal circumstances, potential adverse effects of removal, and their integration into Canadian society. The H&C program provides a vital safety net for those who may not qualify under traditional immigration categories but have compelling reasons to stay in Canada.
Successful candidates receive permanent residency, ensuring their stability and ability to contribute to Canadian society. The Humanitarian and Compassionate program underscores Canada’s commitment to protecting vulnerable individuals, promoting family unity, and upholding humanitarian values, enriching the country’s diverse and inclusive social fabric.
Eligibility Criteria for
Humanitarian and Compassionate
Established in Canada: Applicants must currently be residing in Canada to apply under H&C grounds. This application is typically for individuals who do not meet the eligibility requirements of other immigration programs and are unable to leave Canada.
Exceptional Hardship: Applicants must demonstrate that they would experience unusual and undeserved or disproportionate hardship if required to leave Canada. This may include factors such as family ties to Canada, establishment in Canada, the best interests of any children involved, and the hardship that would be faced in their country of origin.
Equities in Canada: Applicants must show they have made significant contributions to Canadian society or demonstrate that they have strong ties to Canada, such as through community involvement, volunteer work, education, or employment.
Factors Affecting the Applicant: Consideration is given to factors affecting the applicant’s ability to establish themselves in their country of origin, including personal circumstances, family ties, ties to the community, and the country conditions they would face upon return.
No Other Remedies: Applicants must demonstrate that there are no other immigration programs or avenues available to them to regularize their status in Canada.
Admissibility: Applicants must be admissible to Canada, meaning they must pass security, criminal, and medical checks unless they can demonstrate humanitarian and compassionate reasons to be granted an exemption.
Submission of Evidence: Provide evidence and documentation supporting their H&C application, including personal statements, letters of support, and any relevant supporting documents.
How to Apply?
Gather Supporting Documents: Collect all necessary documents to support your H&C application. This may include personal statements detailing your circumstances, letters of support from community members or organizations, documentation of your establishment in Canada, evidence of exceptional hardship if you were to leave Canada, and any other relevant documents.
Complete the Application Form: Obtain the most current application forms from the Immigration, Refugees and Citizenship Canada (IRCC) website or a visa application center (VAC). Complete the forms accurately and honestly, ensuring all required information is provided.
Submit Your Application: Submit your completed application form along with all supporting documents to the appropriate IRCC office or processing center. Include proof of payment for the application fee, which is required for processing.
Provide Biometrics (if required): Depending on your nationality and circumstances, you may need to provide biometric information (fingerprints and photograph) at a biometric collection service point. Ensure you follow any instructions provided regarding biometric appointments.
Wait for Processing: IRCC will review your application and supporting documents. This process can take several months, and IRCC may request additional information or documentation from you during this time.
Interview (if required): In some cases, IRCC may request an interview to further assess your application. Prepare thoroughly for the interview by reviewing your application and being ready to discuss your circumstances in detail.
Receive a Decision: Once IRCC has processed your application, they will notify you of their decision in writing. If your application is approved, you may receive permanent residency status or another appropriate immigration status based on your circumstances.
Appeal (if applicable): If your application is refused, you may have the option to appeal the decision depending on the specific circumstances of your case. Seek legal advice from an immigration lawyer or consultant if you wish to pursue an appeal.