Humanitarian & Compassionate (H&C)
People who have exceptional circumstances and who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate (H&C) grounds. Every file for H&C is accessed on case by case basis in the light of various factors. Hence, it's very unique and discretionary program.
Generally the application for H&C will be accompanied with the PR application and on the acceptation the applicant will become permanent resident of Canada.
Below are the few of the major factors which are considered by an immigration offices while assessing an application of H&C:
- Best interests of a Child.
- Family ties to Canada and the level of settlement in Canada.
- Impact of rejection of the application. e.g situation in the country of origin, likelihood of settlement there etc.
Below are some other important facts about H&C application:
- Unlike Refugee claims, persecution, risk to life and torture are not assessed in H&C applications.
- H&C can provide the stay for the removal orders.
- A person cannot have an open refugee claim and the H&C application at the same time. Refugee claim needs to the withdrawn in order to file an H&C application.
Please contact us if you feel you are in similar circumstances. We can have a detailed discussion and a careful look at your situation.