Canada’s immigration system, by means of its altogether nature, is forced to reconcile various values and aspirations. Humanitarian and Compassionate Applications, or “H & Cs,” are the applications for Canadian permanent residency that are filed from within Canada. These are usually for the people who do not have legal status in Canada but who have still made Canada their home. If you are someone, or you know someone, who is living in Canada without the proper paperwork, there still are options! You may be able to qualify for an H & C and obtain Canadian permanent residence status.
Individuals without legal status could be eligible for H & Cs if they have established themselves in Canada by virtue of the following:
- Family ties to Canadian permanent residents or Canadian citizens
- Employment in Canada often without a valid Canadian work permit
- Education in Canada often without a valid Study Permit in Canada
- Volunteer work in Canada
- Upgrade of English or French skills
- Savings and property in Canada
- Social ties to Canada in their communities
A good candidate for an H&C application would be someone who has resided in Canada for a number of years and who has some of the factors listed above. Often such applicants do not qualify for other Canadian permanent residence categories such as the Skilled Worker category where applicants are assessed on their English skills or education or work experience.
A typical applicant may be a labourer with little education but has managed to support him or herself in Canada.
How Applicants Are Assessed under H and C Applications?
A major component of H & C cases is the potential suffering of undue hardship if you are required to return to your home country. It is important to explore an applicant’s background in terms of the social, economic or personal hardship they or their family would be subject to in their home country. Note that the applicant for Humanitarian and Compassionate cases does not have to be subject to persecution. H & C cases are not Refugee cases. However, without showing hardship, it may be difficult to succeed in your application for Canadian permanent residence under the Humanitarian and Compassionate Category.
How To Apply For H & C
We can help you to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:
- are a foreign national currently living in Canada
- need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada
- believe humanitarian and compassionate considerations justify granting the exemption(s) you need
- are not eligible to apply for permanent residence from within Canada in any of these classes:
Spouse or Common-Law Partner;
Caregivers: caring for children or people with high medical needs;
Protected Person and Convention Refugees; and Temporary Resident Permit Holder.