Understanding Humanitarian and Compassionate Grounds for Immigration to Canada

Humanitarian and Compassionate (H&C) applications offer a pathway for individuals facing exceptional hardships, allowing them to remain in Canada permanently. This program is specifically designed for those who cannot meet the criteria of other immigration programs but face unique circumstances that make leaving Canada nearly impossible. H&C is different from other immigration programs because it requires applicants to demonstrate severe personal hardships that would occur if they were forced to leave.

Unlike other immigration programs, the H&C process requires applicants to provide compelling evidence of their personal hardships, such as threats to their safety, health concerns, or separation from family members in Canada. It is a discretionary process, meaning that each application is reviewed on a case-by-case basis, and decisions depend on the balance of factors presented.

This article aims to help readers understand whether H&C immigration might be a suitable option for their specific situations. We will also focus on the types of evidence required to support an application.

Eligibility Criteria for H&C Applications

An H&C application is intended for those who have established deep connections in Canada, whether through family, community, or work, and for whom leaving the country would cause significant hardship. It is crucial to note that this program is highly discretionary, meaning that immigration officers carefully review each application on a case-by-case basis, weighing the evidence provided and assessing the humanitarian factors involved. However, not every application results in approval, as each case must demonstrate compelling and unique circumstances.

To illustrate the complexity of H&C applications, let us look at the rejection rates over recent years. From 2018 to 2022, a significant portion of applications were denied, underscoring the importance of submitting strong evidence and preparing a comprehensive application. Below is a table summarizing the rejection rates during this period:

These figures highlight that even though many applicants are approved, a substantial number are not. This makes it critical for individuals to fully understand the process and provide sufficient documentation. At MBLAW, we can help guide you through this complicated journey and offer expert advice on whether H&C is the right choice for your unique situation.

Several key factors determine eligibility for an H&C application. Understanding these is crucial for submitting a successful request. Below are the primary criteria:

Health Concerns

Health problems are significant factor that may be considered in H&C applications. Applicants with medical conditions that require ongoing treatment may argue that leaving Canada would jeopardize their health and well-being. In some cases, individuals may have access to life-saving treatments in Canada that are not available or accessible in their home country. Alternatively, an applicant may have developed a chronic condition while living in Canada, and returning to a country with limited healthcare services could worsen their condition.

For example, an individual with a heart condition may rely on specialized treatment and medication in Canada, which they may not be able to access in their home country due to limited healthcare infrastructure.

Evidence: Applicants must provide strong medical evidence to support their claims. This can include:

• Medical reports from Canadian healthcare providers detailing the applicant’s condition and the treatment they are receiving.
• Treatment plans or letters from doctors that explain the long-term medical needs of the applicant.
• Country reports on healthcare systems in the applicant’s home country, showing that appropriate medical care is not available or accessible.
• Affidavits from medical professionals or experts who can attest to the risks posed by discontinuing treatment or receiving inadequate care in the applicant’s country of origin.

Integration into Canadian Society

Integration into Canadian society is another important factor that immigration officers take into account when evaluating H&C applications. An applicant’s level of integration can demonstrate that they have established strong ties to Canada and have contributed to Canadian society in meaningful ways. Examples of integration include long-term employment, involvement in community activities, volunteer work, or maintaining relationships with Canadian family members or friends.

For example, an applicant who has been employed in Canada for several years, pays taxes, and participates in community events may have a stronger case than someone who has not established such connections.

Evidence: To show integration into Canadian society, applicants can provide:

• Employment records, such as pay stubs, tax returns, or letters from employers that demonstrate long-term employment and stability in Canada.
• Letters of support from community leaders, employers, or colleagues that emphasize the applicant’s contributions to the community.
• Volunteer work records or community involvement certificates showing the applicant’s engagement with charitable or community organizations in Canada.
• Proof of Canadian education, such as diplomas or certificates, for individuals who have pursued studies in Canada.

Family Ties in Canada

Having family ties in Canada is a significant consideration for H&C applications. Immigration officers will consider whether removing an individual from Canada would negatively impact their family, especially if it would lead to family separation. The presence of close family members, such as spouses, children, or parents, can strengthen an applicant’s case, as it emphasizes the emotional and psychological impact of forced separation.

For example, an applicant who has a Canadian citizen spouse and young children may argue that their removal would cause unnecessary hardship for the family, especially if the spouse relies on the applicant for emotional support.

Evidence: To demonstrate family ties, applicants can submit:

• Proof of relationship, such as marriage certificates, birth certificates, or legal adoption documents.
• Letters of support from family members in Canada, emphasizing the importance of maintaining family unity.
• Proof of cohabitation, such as shared rental agreements, utility bills, or joint bank accounts, showing that the applicant lives with their family members in Canada.
• Photos and correspondence that illustrate the close relationship between the applicant and their family members.

Best Interests of a Child

The best interests of a child is one of the most heavily weighted factors in an H&C application. Canadian immigration law requires that decision-makers take into account the well-being of any children directly affected by the immigration decision. If the applicant has children in Canada or abroad, their best interests must be considered, particularly in terms of their health, education, and safety.

For example, if an applicant has a child enrolled in a Canadian school and the child has established strong connections in the community, immigration officers will consider how the child’s well-being would be affected if they were forced to leave Canada. The disruption to the child’s education, healthcare, and social relationships can play a critical role in the decision-making process.

Evidence: To demonstrate the best interests of a child, applicants can submit:

• School records or letters from teachers that highlight the child’s academic performance and involvement in school activities.
• Medical reports showing the child’s healthcare needs,healthcare treatments, or any medical conditions that require ongoing attention in Canada. If the child has special needs, this documentation is particularly important to emphasize how their well-being would be compromised if forced to leave.
• Letters from social workers, child welfare agencies, or other professionals who are familiar with the child’s situation and can attest to the negative impact of family separation or relocation on the child.
• Testimonies from teachers, coaches, or community leaders that show the child’s active participation and integration into Canadian society. These letters can help demonstrate how the child’s life is firmly established in Canada, making relocation more detrimental.
• Psychological or counseling reports indicating any emotional or mental health concerns that could worsen if the child is separated from their parent or removed from Canada.

The best interests of a child do not automatically outweigh all other factors, but they are given significant weight in an H&C application. When evaluating the potential impact on children, decision-makers consider factors such as the child’s age, their level of integration into Canadian society, their medical and educational needs, and the conditions in the country to which the child might be relocated.

For example, a child who has been living in Canada for several years, attending school, and receiving medical treatment will likely face substantial hardship if removed from the country. If the child is a Canadian citizen or permanent resident, the applicant’s case may be further strengthened by showing the negative consequences of separating the child from their parent or caregiver.

Risks of Returning to the Home Country

Applicants may also fear returning to their home country due to danger or instability. While this factor is more common in refugee claims, it is also considered under the H&C program if the risks are severe.

Evidence: To demonstrate the risks of returning to their home country, applicants should submit:

• Country reports from international organizations, such as the United Nations or Amnesty International, documenting the specific risks faced by individuals in the applicant’s situation.
• News articles or media reports highlighting incidents of persecution, violence, or instability in the applicant’s home country.
• Expert affidavits from individuals familiar with the political or social situation in the applicant’s country, detailing the risks the applicant would face if returned.
• Police reports or court documents showing that the applicant has been targeted or threatened in the past.

It should be noted that the exceptions discussed above are the most common but not exhaustive. Your application may involve other circumstances that could be considered. Please consult an immigration lawyer for advice on your particular situation and to receive professional support.

Application Process for H&C Applications

The application process for H&C is intricate, and attention to detail is essential. Here are the basic steps:

Gathering Required Documentation

The first step in the H&C application process is to gather the necessary documentation to support your claim. As the decision is highly discretionary, the strength of the evidence submitted plays a crucial role in the success of the application. Applicants need to provide proof that they meet one or more of the eligibility criteria discussed earlier, such as severe personal hardship, health concerns, risks of returning to their home country, or family ties in Canada. The documentation should clearly demonstrate the applicant’s unique situation and provide solid evidence of the hardship they would face if required to leave Canada.

It is essential to ensure that all documentation is up-to-date, accurate, and relevant to the claims being made in the application.

The exact list of supporting documents depends on your individual situation. Each case is unique, and additional documents may be required to properly substantiate your claim based on humanitarian and compassionate grounds.

Filling Out and Submitting the Application

Once all the required documentation has been gathered, the next step is to complete and submit the necessary forms. The main form used for H&C applications is the Generic Application Form for Canada (IMM 0008). This form must be filled out completely and accurately, as any errors or missing information could lead to delays or refusal of the application.

In addition to the IMM 0008 form, applicants are often required to submit other supplementary forms, such as:

• Schedule A – Background/Declaration (IMM 5669): This form provides detailed information about the applicant’s background, including any past residences, employment history, and family relationships.
• Additional Family Information (IMM 5406): This form includes information about the applicant’s immediate family members, both inside and outside Canada.
• Document Checklist (IMM 5280): This is used to ensure that all required documents are included in the application package.

The list of required immigration forms provided here is not exhaustive. Depending on your specific situation, additional forms may be required as indicated by IRCC (Immigration, Refugees and Citizenship Canada).

H&C applications can be submitted either online or by paper (if online submission is not possible). If submitting online, applicants will need to create an account on the Permanent Residence Portal. For paper applications, all forms and documents should be sent to the correct IRCC processing center. It is critical to review the application thoroughly before submission to ensure that all documents are attached and all information is accurate.

Processing Times and What to Expect

The processing times for H&C applications can vary significantly based on several factors, including the complexity of the case, the quality of the documentation provided, and the overall volume of applications being processed by Immigration, Refugees and Citizenship Canada (IRCC) at the time. While there is no fixed timeline, applicants should expect the process to take several months to over a year.

On average, H&C applications can take 10 to 12 months to process. However, cases involving more complex situations or incomplete documentation may take longer.

Once the application is submitted, IRCC may request additional documentation or information if needed. Applicants should be prepared to respond promptly to such requests to avoid further delays. During the review process, each application is evaluated on its individual merits, and the decision is made based on a holistic assessment of all the factors presented.

What Happens After Submission

After the application has been processed, applicants will receive a decision from IRCC. If the application is approved, the applicant will be granted permanent residency in Canada. If refused, the applicant will receive a refusal letter explaining the reasons for the decision. In some cases, applicants may be eligible to request a judicial review of the decision in Federal Court if they believe that the refusal was made unfairly.

Given the discretionary nature of H&C applications, the outcomes can vary widely. For this reason, it is essential to provide as much evidence as possible to support the application and to ensure that all forms are filled out correctly and completely.

Applying for permanent residency under Humanitarian and Compassionate (H&C) grounds requires a thorough understanding of the eligibility criteria and the types of evidence needed to support each claim. The process is highly discretionary, meaning that immigration officers will weigh multiple factors before making a decision.

Each of these factors plays a critical role in the final decision, but no single factor guarantees approval. It is essential for applicants to provide comprehensive documentation, including personal testimonies, medical reports, country condition reports, and letters of support, to substantiate their claims.

For individuals considering an H&C application, seeking legal advice from experienced immigration professionals is strongly recommended. The complex nature of these applications requires careful preparation and strong evidence to improve the chances of success. At MBLAW, we specialize in helping individuals navigate the H&C process, ensuring that their applications are well-prepared and their unique circumstances are effectively communicated.

We encourage you to book a consultation with MBLAW to explore your options. Additionally, consider attending our free webinar to learn more about this process.