Humanitarian and Compassionate Considerations
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You can apply for Humanitarian & Compassionate considerations (H&C) ONLY if you have compelling H & C grounds and if all your attempts to gain Canadian permanent residence are extinguished.
You may ask for humanitarian and compassionate grounds if you are applying for Canadian permanent resident status from within Canada or from abroad.
H and C application does not stop a removal order.
the assessment of the H&C application is done on a global assessment of all the factors presented in the H&C application. when processing H&C applications, Immigration Canada (IRCC) will assess and consider many H&C factors. The following are some of the factors to consider in humanitarian compassionate application:
  • Possibilities to apply for permanent residence from outside Canada
  • If the applicant is a De facto family member.
  • the best interests of any children directly affected by the H&C decision.
  • for in-Canada applications: inability to leave Canada has led to establishment, ties to Canada.
  • health considerations including inability of a country to provide medical treatment.
  • family violence considerations.
  • consequences of the separation of relatives.
  • Inadmissibility : Criminal inadmissibility, medical inadmissibility, financial inadmissibility, or family member inadmissibility
  • The applicant immigration history
  • any unique or exceptional circumstances that might merit relief.
Here are some examples of humanitarian and compassionate grounds that can be considered, with evidence:
  • If a child will suffer harm if parents were removed from Canada. The best interest of the child should overweight all other inadmissibility factors in your case.
  • If you or one of your dependents suffers from a life-threatening medical condition that cannot be treated in your home country.
  • If you have particular circumstances and you will face hardship if you have to leave Canada in order to apply for permanent residence abroad.
  • If you are a member of a group that is discriminated again, and you have been personally targeted.
  • If you are an applicant in the family class and your sponsor is not eligible to sponsor you.
  • If you are the son, the daughter, brother or a sister of a Canadian citizen or a PR and you are over 22 years old, left alone, without a family of your own.
  • You are an elderly relative (aunt, uncle or unrelated relative) who has resided with the Canadian family for a long time.
  • If you have been a formal Canadian citizen
Children best interests: Some of the things that can be considered:
  • The impact of family violence on the children's lives (they have experienced or will experience) if they must return to their home country.
  • The child's physical or mental health concerns
  • Hardship or difficulties they might face.
the decision maker considers your living circumstances relative to others living in the same country. The assessment is not a comparison of life in Canada versus life in the country of origin. H&C assessment focuses on the hardship in your specific case.
PR application on humanitarian and compassionate H&C grounds is not simply an alternative path of applying for permanent resident status in Canada. it is advised to get immigration consultation from a specialized Canadian immigration consultant or Canadian immigration lawyer before applying.

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