Humanitarian and Compassionate Grounds

May 2, 2015

1297636631235_ORIGINAL
An H &C application is used in special circumstances to ask the government for permission to stay in Canada based on Humanitarian and Compassionate (H&C) grounds. The general rule under immigration law is that people apply for permanent residence from outside of Canada. With an H&C application, you are asking the government to make an exception to this rule and allow you to apply from within Canada.  If you are in Canada with temporary status or you do not have valid immigration status, an H&C might be one of your only options for staying in the country.

You must ensure that all circumstances you wish to have considered are identified and included in your application. You must also include any documents which you believe will support your statements. You are responsible for providing evidence in support of any statement you make on your application. When reviewing your application, if applicable, the best interests of a child directly affected by the decision made on your application will also be taken into consideration. If you wish to have the best interest of a child considered, you must provide specific information and documents on how the child or children would be affected. Please note that the interests of a child do not outweigh all other factors in a case. The best interests of a child are only one of many important factors that will be considered when making a decision.

Applicants may base their requests for H&C consideration on any number of factors including, but not limited to:

  • Establishment in Canada;
  • Ties to Canada;
  • The best interests of any children affected by their application;
  • Factors in their country of origin
  • Health considerations;
  • Family violence considerations;
  • Inability to leave Canada has led to establishment;

Important Changes to the Law for H&C Applications:

  • You cannot apply for an H&C application while you have a pending refugee claim or another H&C application in progress.
  • If you have made a refugee claim that was denied, you cannot apply for an H & C until 12 months AFTER the date of your negative decision. Please see the important information at the end of the article about refugee claims.

There are 2 exceptions to this one-year bar for failed refugee claimants. You may be able to apply if you can prove:

  • your life would be at risk because your country cannot give you the right health or medical care
  • your removal from Canada would have a negative effect on a child. This does not have to be your child it can be a child that you are involved with who would be directly affected by your removal.

Isakov & Ohayon Immigration Consulting will:

  • Prepare the application
  • Draft supporting documents
  • Assist you in obtaining necessary documentation 
  • Present your case to Immigration Canada in the best light possible
  • Communicate with CIC on your behalf

.