Humanitarian and Compassionate Grounds

Humanitarian and Compassionate Grounds for Permanent Residency

Many have heard of Canada’s Humanitarian and Compassionate (H&C) grounds. This pathway allows individuals to apply for permanent residency when they may not meet the usual eligibility criteria. It is designed for exceptional circumstances and is used less frequently.

If you are a foreign national living in Canada without valid immigration status for any reason, you may be eligible to submit a claim under Humanitarian and Compassionate grounds. This process is distinct from the refugee and asylum-seeking route.

When an application is submitted, Immigration, Refugees, and Citizenship Canada (IRCC) evaluates various factors, including, but not limited to:

Risk of persecution or harm if forced to return to the home country.
The best interests of a child or the impact of family separation.
Integration and establishment within Canadian society.
Health conditions or medical needs.
Significant ties to Canada, such as family connections or community support.

Work Temporarily in Canada

While their application is being processed, applicants under H&C grounds can apply for an open work permit. This allows them to work in Canada temporarily while awaiting a decision on their permanent residency application. The work permit typically permits them to work for any employer in Canada and may be valid for a set period, helping applicants support themselves financially.

Do I Need to Apply From Outside Canada?

Applications for H&C grounds can be submitted from within Canada or outside the country, depending on the applicant’s specific situation. If you are outside of Canada and wish to apply under H&C grounds, you must submit your application from your home country or any country where you are legally present.

To apply, use the application titled “Applying for PR from Within Canada – Spouse or CLP Class.”

Spouse or Common-Law Partner Canada (SCLPC Class)

You must demonstrate exceptional circumstances that prevent you from returning to your home country. To qualify, you must be the spouse or common-law partner of a Canadian citizen or permanent resident, aged 18 or older, residing in Canada. You must meet the eligibility criteria for the Spouse or Common-Law Partner Class (SCLPC), including proving your legal relationship. The processing time for H&C applications can vary, so it’s essential to seek expert advice to ensure the process goes smoothly.

How to Apply?

Verify if you meet the criteria for applying under H&C grounds.
Collect the necessary documents to support your application.
Complete the appropriate application forms according to IRCC guidelines.
Submit your completed application to IRCC.
IRCC will assess your case to determine your eligibility.
Provide additional information if requested by IRCC.
In some instances, IRCC may request an interview to further assess your situation.
After IRCC reviews your application, you will receive a decision regarding your H&C grounds application.

Compassionate Support

Navigating Canada’s immigration system, especially under Humanitarian and Compassionate grounds, can be complex. If you are facing exceptional circumstances requiring special consideration, it’s crucial to have support throughout the process.

Our team will conduct a thorough evaluation of your situation to determine your eligibility. Once established, we will guide you through the entire application process, ensuring that you are fully informed and prepared at each stage. We will also provide legal representation and address any questions or concerns you have, offering reassurance during this challenging time.

If you are facing extraordinary circumstances and need to apply under Humanitarian and Compassionate grounds, contact us today to get started.