Overview – Permanent Residency Through Humanitarian and Compassionate Grounds
Humanitarian and Compassionate (H&C) applications offer a pathway to permanent residency for individuals who do not qualify under traditional immigration streams like family sponsorship or Express Entry. These applications focus on personal circumstances and hardship, providing an opportunity for those who have built their lives in Canada to remain in the country even if they are currently out of status or in Canada illegally.
Humanitarian and Compassionate applications for PR are generally a “last resort” application, for people who have no other option to become a permanent resident of Canada, and who will suffer substantial hardship if they are not granted PR. The hardship that other Canadians, permanent residents, and people in Canada would face if this person were forced to leave Canada are also taken into consideration.
H&C applications are also used to get permanent residence for someone who fails to meet one of the normal requirements of the law. For example, if a Canadian woman wanted to sponsor her husband for PR, but he has a criminal conviction and is not eligible for Criminal Rehabilitation, normally he would not be able to become a permanent resident. However, humanitarian and compassionate grounds could be used to overcome his inadmissibility.
If you feel you are eligible for Sponsorship or Express Entry, please select the appropriate option below. If not, learn more about Humanitarian and Compassionate applications on this page.
Family Sponsorship Express Entry
Who Can Apply?
H&C applications are for individuals with compelling reasons to stay in Canada, such as:
- Strong establishment in Canada (employment, education, family ties);
- Facing exceptional hardships if they are forced to return to their home country;
- Best interests of any children involved;
- Significant time spent in Canada as a temporary resident.
Key Factors for Approval on Humanitarian and Compassionate Grounds
Key factors considered in H&C applications include:
- Establishment in Canada: Evidence of integration into Canadian society such as employment, volunteer work, and community involvement;
- Adverse Conditions in the Home Country: Significant hardships such as a lack of medical care for a health condition;
- Family Ties: Impact on family relationships if required to leave Canada;
- Best Interests of the Child: Whether children would face hardship if the applicant is removed from Canada
This list is not comprehensive – there are dozens of factors taken into consideration by IRCC on humanitarian and compassionate cases. Each case is unique and is evaluated on its own merits by immigration officers.
Who is not Eligible to apply for PR on Humanitarian and Compassionate Grounds
You may not submit an H&C application if:
- You have a pending refugee claim.
- You had a failed refugee claim within the past 12 months, with certain exceptions.
- You are inadmissible to Canada for certain reasons like serious criminality or national security.
If you feel you are inadmissible or have concerns about previous applications please click below to book for a consultation:
Processing Time for Humanitarian and Compassionate Applications
H&C applications typically take 12 to 36 months to process, depending on case complexity. Timely and complete submissions are crucial to avoid delays.
The Humanitarian and Compassionate PR application has 2 stages of processing:
Stage 1 – Approval In Principle (You meet the requirements to receive PR on H&C Grounds)
Stage 2 – Final Approval (You have completed the immigration medical exam [IME] and meet all other eligibility requirements)
After receiving the Approval In Principle, if you have valid status in Canada, you are eligible to apply for an open work permit.
Cost for Humanitarian and Compassionate PR applications
- Government Fees: $635 for adults, $175 for dependent children under 22, $575 for the Right of Permanent Residence Fee.
- Doherty Fultz Immigration Fees: Starting at $4,750 to $7,000 (customized based on case complexity).
Note: We offer flexible payment options such as monthly installments to support your immigration journey.
Application Process – Humanitarian and Compassionate Grounds
- Initial Consultation: Discuss eligibility and case strategy with our experienced team. Our founder, Cassandra Fultz, has extensive experience and a high success rate with Humanitarian and Compassionate applications. Consultation Fees are credited towards your application if you retain within a week. Book Appointment
- Document Preparation: We provide a comprehensive and customized checklist of required documents and evidence based on your unique case.
- Application Submission: In conjunction with the required documentation to support your application, our office prepares a detailed submission letter to accompany every application. The submission letter is the most important part of an H&C application, as this is where all legal arguments are made based on laws and regulations, making a compelling case for the applicant’s eligibility and outlining why the application should be approved. A submission letter is not simply a cover letter outlining the facts of the case; it is a detailed legal argument citing Canadian case law, regulations, statutes, and officer’s manuals. Without a submission letter citing legal precedent, most Humanitarian and Compassionate applications are refused.
- Follow-Up Support: Our office monitors application progress and responds to IRCC requests throughout the application process, regardless of how many years the file remains open.
Other Considerations
- Applicants must demonstrate that their circumstances justify approval, which is why professional advocacy is extremely important to increase the likelihood of success of the application.
- Cases involving children require detailed documentation to highlight their best interests.
The Law outlining Humanitarian and Compassionate Cases
Immigration and Refugee Protection Act Section 25(1)
Humanitarian and compassionate considerations — request of foreign national
25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35, 35.1 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Previous Immigration Refusals
Having a prior immigration refusal does not disqualify you from applying under H&C grounds, but it is essential to address the reasons for the refusal in your new application. Our experienced team at Doherty Fultz Immigration can analyze your refusal notes and strengthen your H&C application.
Ready to Secure Your Future in Canada?
Contact Doherty Fultz Immigration today for a consultation. Let our team guide you through the complexities of H&C applications with confidence and expertise.
