Humanitarian and Compassionate (H&C) applications are a pathway for individuals who do not qualify for permanent residence under regular immigration programs but have exceptional circumstances that justify staying in Canada.
1. Who Can Apply?
You may be eligible for an H&C application if you:
- Are already in Canada and do not qualify under other immigration programs.
- Face significant hardship if required to leave Canada.
- Have strong ties to Canada, such as family, employment, or community involvement.
- Would face unusual or disproportionate suffering if removed from Canada.
Who Cannot Apply?
- People with a pending refugee claim or those who were refused refugee status within the last 12 months (exceptions exist for dependents and life-threatening situations).
2. Factors Considered in H&C Applications
Immigration officers review the following when assessing your application:
- Establishment in Canada – How well you have integrated into Canadian society (work, education, community involvement).
- Best Interests of a Child – If your removal would negatively impact a child in Canada.
- Health and Hardship – Any medical conditions or risks in your home country.
- Family Ties in Canada – Whether you have close relatives in Canada.
- Adverse Conditions in Your Home Country – Political instability, violence, or discrimination.
3. How to Apply
Step 1: Complete the Application Package
- Download the IMM 5283 (Application for Permanent Residence – H&C Considerations) from the IRCC website.
- Fill out personal details, background information, and reasons for requesting H&C consideration.
Step 2: Gather Supporting Documents
Include evidence such as:
- Proof of establishment (employment letters, tax records, lease agreements)
- Letters of support from employers, friends, or community members
- Medical reports (if applicable)
- School records for children
- Evidence of hardship in your home country (news articles, reports)
Step 3: Pay the Fees
- Processing fee: $570 CAD for adults, $155 CAD for children
- Right of Permanent Residence Fee: $515 CAD (if approved)
Step 4: Submit Your Application
Mail your completed package to the IRCC Humanitarian and Compassionate Processing Office as per the instructions on their website.
4. Processing Time and Decision
H&C applications take several months to years for a decision. If approved, you will receive permanent residence. If refused, you may have options for judicial review in Federal Court.