Humanitarian And Compassionate Ground

Humanitarian and Compassionate (H&C) grounds are a legal mechanism in Canadian immigration law that allows certain individuals to apply for permanent residence status or other immigration benefits based on humanitarian and compassionate considerations, even if they do not meet the usual requirements for immigration.

Purpose of H&C Grounds

The H&C grounds provide a discretionary pathway for individuals who are unable to obtain permanent residence through other immigration programs but who have compelling humanitarian or compassionate reasons to stay in Canada.

Eligibility Criteria

To be eligible for consideration on H&C grounds, applicants must demonstrate that they would face undue hardship if required to leave Canada and that their unique circumstances warrant special consideration.

Examples of Circumstances Considered

Circumstances that may be considered under H&C grounds include but are not limited to: establishment and ties in Canada, best interests of any children involved, adverse country conditions, and medical conditions requiring ongoing treatment unavailable in the home country.

Application Process

Applicants submit an application to Immigration, Refugees, and Citizenship Canada (IRCC) along with supporting documentation detailing their circumstances and reasons why they believe they qualify for H&C consideration.

Factors Considered

Immigration officers assess H&C applications on a case-by-case basis, taking into account various factors such as the severity of the hardship, the applicant’s establishment in Canada, and any compelling humanitarian or compassionate considerations.

Documentation and Evidence

Applicants are required to provide detailed documentation and evidence to support their H&C application, including personal statements, letters of support, medical reports, and any other relevant documentation.

Decision and Appeal

IRCC will either approve or deny the H&C application based on the merits of the case. Applicants have the right to appeal a negative decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).