A humanitarian and compassionate application asks Immigration, Refugees and Citizenship Canada to grant permanent residence to someone who would not otherwise qualify. It is decided on the whole of your circumstances, so the way your story and evidence are presented matters.
Under section 25 of the Immigration and Refugee Protection Act, an officer may grant an exception to the normal requirements when humanitarian and compassionate considerations justify it. The Supreme Court of Canada has said the question is whether the circumstances would excite, in a reasonable and fair-minded person, a desire to relieve the misfortunes of another.
There is no checklist. Officers weigh all of the factors together, and they must give real weight to the best interests of any child directly affected.
People whose refugee claims were refused generally cannot apply for H&C within 12 months of the final IRB decision, with exceptions for cases involving the best interests of a child or a serious medical risk. An H&C application does not on its own stop a removal. We plan the timing of the application around these rules.
We build the application around the factors that matter most in your case, with detailed affidavits, letters from family, employers and community members, financial records, school and medical records, and current country evidence. We then write submissions that connect the evidence to the legal test.
A refused H&C application can be challenged by judicial review in the Federal Court, generally within 15 days. In some cases a new application with stronger evidence is the better route.
We review your immigration history and circumstances and confirm whether you can apply now.
We gather documents and statements that support each relevant factor.
We prepare written legal submissions and file the complete application with the fees.
IRCC assesses the application, sometimes after requesting more information or an interview. If approved in principle, the process moves to the permanent residence stage.
Processing times are long and change often. Check IRCC’s current processing time, and plan for a wait of a year or more.
Generally yes. Your spouse or partner and dependent children can usually be included in the application, whether they are in Canada or abroad.
No. Risk of persecution is assessed through a refugee claim or PRRA. An H&C application looks at hardship more broadly, along with establishment and the interests of children.
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The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.
UMPC Law is the trade name of Usman Mahmood Professional Corporation, a law practice in Northeast Calgary representing clients in immigration, motor vehicle accident, criminal and family matters.
Suite 210, 3132 26 Street NE
Calgary, Alberta T1Y 6Z1
587-393-3958
Fax 587-393-3960
info@umpclaw.ca
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The information on this website is general information, not legal advice. Contacting UMPC Law does not create a lawyer–client relationship. Limitation periods and deadlines can be short; get advice promptly.
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