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Understanding Humanitarian & Compassionate Applications
H&C applications are designed for foreign nationals currently residing in Canada who seek an exemption from certain requirements of the Immigration and Refugee Protection Act (IRPA). These applications are assessed on a case-by-case basis, considering factors such as:
- Establishment in Canada: Duration and depth of integration into Canadian society.
- Family Ties: Connections and relationships within Canada.
- Best Interests of Children: Impact on any children involved.
- Potential Hardship: Consequences if the applicant is not granted permanent residence.
Applicants must demonstrate that their circumstances warrant special consideration and that they are not eligible to apply for permanent residence under other categories such as Spouse or Common-Law Partner, Live-in Caregiver, or Protected Person classes.
Application Process
- Eligibility Assessment: Determine if H&C grounds apply to your situation.
- Documentation: Gather evidence supporting your claims, including proof of establishment, family ties, and potential hardships.
- Application Submission: Complete and submit the application, clearly outlining the exemptions requested and the humanitarian reasons for consideration.
- Processing Time: Processing can be lengthy, often taking between 24 to 36 months, depending on the complexity of the case.
Important Considerations
- One Application at a Time: Only one H&C application can be under consideration at any given time.
- No Automatic Stay of Removal: Filing an H&C application does not automatically halt removal proceedings.
- Appeals: If an application is refused, there is a limited window (typically 15 days) to seek a judicial review by the Federal Court of Canada.