Humanitarian and Compassionate (H&C) Applications in Canada

Canada has long been known as a country that values fairness, kindness, and respect for human dignity. While most immigration paths—like family sponsorships, skilled work programs, or student visas—are based on strict rules and eligibility requirements, not everyone fits neatly into those boxes. Life can be complicated. People fall through the cracks. That’s where the Humanitarian and Compassionate (H&C) application comes in—a unique and powerful way for individuals facing difficult personal circumstances to ask for a second chance in Canada.

This article walks you through what an H&C application is, who it’s meant for, what kinds of situations might qualify, and what happens if your application is approved or denied. If you or someone you care about is living in Canada without status, this information could be life-changing.

 

What Is a Humanitarian and Compassionate (H&C) Application?

Imagine someone who’s built a life in Canada—working, raising children, contributing to their community—but doesn’t meet the legal criteria to stay. Maybe their refugee claim was denied. Maybe their work permit expired. Maybe they just ran out of options. In these cases, a person can make an H&C application to Immigration, Refugees and Citizenship Canada (IRCC)—essentially asking the government to consider the human story behind their situation and allow them to stay in Canada based on compassionate or humanitarian reasons.

This kind of application is evaluated case by case, and officers have the flexibility to use their judgment. There are no guarantees, but if your story shows that leaving Canada would cause unusual, undeserved, or disproportionate hardship, there’s hope.

 

Who Can Apply for H&C?

H&C applications are open only to people already inside Canada who do not qualify for other immigration pathways. You might be eligible to apply if:

• You’re living in Canada without legal status (for example, your visa expired or your asylum claim was denied).
• You don’t qualify for programs like Express Entry, family sponsorship, or refugee protection.
• You would suffer serious hardship—emotional, financial, or health-related—if you had to return to your country of origin.
• You have put down deep roots in Canada: a job, family, a community, a life.

Real-life examples:

• A father who’s lived in Canada for 10 years, working and paying taxes, but now faces deportation.
• A single mother whose children were born in Canada and go to school here.
• Someone who would lose access to vital medical treatment if forced to return to their home country.

Who Cannot (or Temporarily Shouldn’t) Apply?

Even though the program is designed to be flexible, there are important limitations:

• If you currently have an active refugee claim, you must withdraw it before you can apply for H&C.
• If your refugee claim was denied within the last 12 months, there’s usually a one-year bar—you must wait before applying for H&C.

But there are exceptions to this bar:

• If a child under 18 would be affected by your removal.
• If you or a dependent has a serious medical condition and can’t get treatment in your home country.

 

What Counts as Humanitarian and Compassionate Grounds?

Officers at IRCC don’t follow a strict checklist—they look at the full picture. Your story matters. Here are some of the most common and persuasive factors:

1. Time Spent in Canada

The longer you’ve lived here, the more “established” you are seen to be. Officers consider:

• Your stability.
• The efforts you’ve made to integrate (language, job, community involvement).

2. Your Life and Roots in Canada

• Do you work, pay taxes, or volunteer?
• Are you part of a community or religious group?
• Do people rely on you, or do you rely on them?
  Letters of support from employers, friends, or community members can help tell your story.

3. Family Ties and Children’s Well-Being

One of the strongest factors is the impact on children, especially if they were born or raised in Canada.

• Will they suffer emotionally or educationally if uprooted?
• Is their health or safety at risk if sent to another country?
  Canadian law puts the best interests of the child (BIOC) first.

4. Medical Needs

If you or a loved one has a serious health issue:

• Can you continue treatment in your home country?
• Is care even available or affordable there?
• Would removal cause severe health complications?

5. Risk in Home Country (But Not Refugee-Eligible)

Even if you don’t meet the refugee definition, you can explain other hardships:

• Facing discrimination for being LGBTQ+.
• Risk of violence due to gender, religion, political beliefs, or personal history.
• Threat of forced marriage or domestic abuse.

What Happens If My Application Is Approved?

If your H&C application is successful, you will become a permanent resident (PR) of Canada. This brings enormous relief and new opportunities:

• You can live and work in Canada legally.
• You qualify for health care and social services.
• You can eventually apply for Canadian citizenship.
• Any removal order against you is typically canceled.

What If It’s Refused?

If your application is refused, it’s not the end of the road:

• You can request a judicial review in Federal Court within 15 days.
• You may be able to apply again later, especially if your circumstances change.
• It’s highly recommended to work with a licensed immigration lawyer or consultant to explore your next steps.

 

Life doesn’t always go according to plan, and not every journey to Canada is smooth or straightforward. The Humanitarian and Compassionate application exists because Canada believes that people are more than just their paperwork. Everyone has a story.

If you or someone you know is living in Canada under uncertain circumstances, don’t lose hope. There may still be a path forward. Talk to a trusted immigration professional who can guide you through the process and help you present your case with honesty and strength.

 

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