Humanitarian and Compassionate (H&C) Applications
Normally, foreign nationals who wish to immigrate to Canada must apply for and obtain a permanent resident visa from abroad. Foreign nationals do not have the right to apply for permanent residence from within Canada if they do not meet the requirements of an in-Canada immigration class, or if they are otherwise inadmissible.
However, section A25(1) of the Immigration and Refugee Protection Act (IRPA) allows foreign nationals who are inadmissible or who are ineligible to apply in an immigration class, to apply for permanent residence, or for an exemption from a requirement of the Act, based on humanitarian and compassionate (H&C) considerations.
Applying for H&C consideration is an excellent measure – it is not merely another means of applying for permanent resident status in Canada. It is important to note that the cost and inconvenience of returning to a home country to apply for permanent residence are not, in the absence of other compelling factors, sufficient factors for H&C considerations.
For an exemption from the usual requirements of IRPA, a client must:
- Clearly, indicate in his or her application the specific exemption(s) the person is requesting.
- Provide all details related to the claim including the reasons why the individual believes an exemption(s) should be granted on H&C grounds.
- Demonstrate that there are sufficient and compelling grounds to allow a foreign national currently living in Canada to apply for an exemption for permanent residence.
- Need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations to apply for permanent residence within Canada;
- believe humanitarian and compassionate considerations justify granting the exemption(s) you need; and
- are not eligible to apply for permanent residence from within Canada in any of these classes:
- Spouse or Common-Law Partner;
- Live-in Caregiver;
- Protected Person and Convention Refugees; and
- Temporary Resident Permit Holder.