Humanitarian and Compassionate Considerations For Canadian Immigration

What is humanitarian and compassionate (H&C) consideration?

An H&C application refers to a request for permanent residence in Canada on H&C grounds. This type of application is made under subsection A25(1) of the Immigration and Refugee Protection Act (IRPA). It is designed for individuals who would not normally be eligible to become permanent residents of Canada under the standard immigration categories (economic, family, or refugee).

Applicants can apply for H&C consideration if they believe they have exceptional circumstances that warrant an exemption from the usual requirements of the IRPA or the Immigration and Refugee Protection Regulations (IRPR). These circumstances might include factors such as establishment in Canada, family ties to Canadian citizens or permanent residents, the best interests of a child, or adverse conditions in the applicant’s home country.

Each H&C application is assessed on a case-by-case basis, taking into account the specific details and circumstances presented by the applicant. It is important to note that there are certain restrictions on who can apply for H&C consideration, and not all requests will be granted. Factors such as criminality, misrepresentation, and non-compliance with the IRPA can affect eligibility for H&C consideration.

Does IRCC have to consider all H&C applications?

The Canadian immigration system is obliged to consider H&C applications from within Canada. H&C requests can also be made from outside of Canada, however, there is no legal obligation to consider them.

What are the chances of a successful application?

The success of an H&C application can vary widely from year to year and is influenced by a multitude of factors, including the individual circumstances of each case, the evidence provided, and the interpretation of the H&C grounds by the assessing immigration officer.

H&C applications are highly discretionary and are assessed on a case-by-case basis, considering all the relevant facts and humanitarian considerations, including the best interests of any children involved. Therefore, the success rate can fluctuate and is not a fixed percentage.

For the most current statistics on the success rate of H&C applications, you would typically need to refer to the annual reports published by Immigration, Refugees and Citizenship Canada (IRCC) or request this information directly from IRCC through an access to information request, if publicly available data is not sufficient.

What factors are taken into consideration when the IRCC assesses an H&C application?

When assessing an application for H&C consideration, officers must consider all relevant facts and factors presented by the applicant. The assessment is highly discretionary and is meant to address exceptional circumstances. Here are some of the key factors that are considered:

1. Establishment in Canada: The degree to which the applicant is established in Canada, including community ties, employment, and social integration.
2. Best Interests of a Child Directly Affected: The impact of the decision on any child directly affected, particularly the child’s emotional, social, cultural, and physical well-being.
3. Hardship if Returned to Home Country: The potential hardships the applicant may face if they are required to leave Canada, such as adverse country conditions, discrimination, or lack of access to medical or social services.
4. Family Ties to Canada: The presence of family in Canada and the applicant’s relationships with those family members.
5. Health Considerations: Any health issues the applicant or their dependent family members may have, and the availability of medical treatment in their home country.
6. Consequences of the Separation of Relatives: The impact on the applicant and their family if they are not granted H&C consideration, particularly in cases of potential separation.
7. Factors in the Applicant’s Country of Origin: Conditions in the applicant’s home country or country of habitual residence, including the general situation of law and order, economic conditions, and human rights situation.
8. Inadmissibility: Any issues of inadmissibility that the applicant may have and the circumstances surrounding them.
9. Length of Time in Canada: How long has the applicant been living in Canada, including whether they arrived as a child or have lived most of their life in Canada.
10. Other Unique or Exceptional Circumstances: Any other relevant factors that may not be covered by the above categories but are pertinent to the applicant’s situation.

Applicants need to provide detailed and compelling evidence to support their H&C application. The onus is on the applicant to demonstrate that they deserve an exemption from the usual requirements of the IRPA based on their unique circumstances. Each case is evaluated on its own merits, and the decision to grant H&C relief is not taken lightly.

Do I have to use an immigration lawyer or RCIC to submit an H&C application?

No, you are not required to use a Regulated Canadian Immigration Consultant (RCIC) or any other representative to submit a Humanitarian and Compassionate (H&C) application. Applicants can choose to apply on their own behalf. However, it is highly recommended that help is obtained from a professional to help navigate the complexities of the application process, ensure that all the necessary documentation is complete and properly presented, and provide representation if needed.

It’s important to note that if you do decide to use a representative, they must be authorized by the Canadian government. Authorized representatives include RCICs, lawyers in good standing with a Canadian provincial or territorial law society, and notaries who are members of the Chambre des notaires du Québec. Always ensure that any representative you consider hiring is authorized to offer immigration advice or services.