Humanitarian and Compassionate Grounds Application

Humanitarian and Compassionate Ground Applications (H&C) for Permanent Residence are often viewed as a last-ditch effort to obtain permanent residency. People who would otherwise be found ineligible or inadmissible from other programs for a variety of reasons would still be eligible to apply with a H&C application. The application is very subjective and the immigration officer holds a lot of discretion on who they choose to accept. Applications can be made within and outside Canada, however, success rates are higher if a person is still here in Canada.

Some basic factors that are relevant to a person’s application include, but are not limited to:

• Establishment in Canada

• Family ties in Canada

• Undue, undeserved, and disproportionate hardship if they were to leave Canada

• The best interest of any children involved

There are some restrictions on who can apply for H&C which include, but are not limited to:

• applying for H&C while there is a pending refugee claim

• if there is a negative decision from the Immigration Refugee Board about a refugee claim, one can’t apply for a H&C application for 12 months. This does NOT apply if:

o one has dependent children who would be adversely affected if one were removed from Canada; or

o one has proof that there would be suffering from a life-threatening medical condition that cannot by treated in your home country

Because of the subjective nature of the application, it is important to research and integrate case law into the narrative for the H&C application to show how past positive decisions may be similar to one’s circumstances. A good immigration lawyer is best equipped to do this.

Axon Law provides assistance with all Humanitarian and Compassionate Grounds Applications. Please contact us about a consultation for more information.

Any legal information or advice provided is only up to date as of January 2020. 

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