H & C Applications

An H & C application is a special kind of Permanent Residence (PR) application that can be used by a Temporary resident of Canada when he/she is otherwise ineligible to apply for PR through any of the other PR programs and he/she is facing some kind of exceptional circumstances that invoke Humanitarian and Compassionate grounds.

Every individual’s circumstances are different and unique and how one chooses to explain one’s situation can be completely different from another individual’s application. An H&C application can be very subjective and any reasoning that can appeal to the compassionate side of an individual can be considered to be a successful basis of an H & C application.

Visa officers who process H & C applications generally look at one or more of the following factors when reviewing the applications:

How settled the applicant is in Canada: This may include details such as the amount of time already spent inside Canada, legal status during the stay in Canada, the reasoning for originally coming to Canada, Ownership of properties in Canada (if any), one’s personal and professional ties established during one’s stay in Canada, impact to the lives of family members, etc.

Potential of Hardships: Individuals from different parts of the world live different lives and face different hardships. When processing an H & C application, a Visa officer also takes into account, what an individual might have to face or go through if his/her application is refused, and he/she ends up uprooting from Canada and going back to one’s home country. Factors that may be considered Hardships could include poverty, lack of healthcare, discrimination of some form, going back to an abusive relationship, etc.

The Best Interests of a Child: If the removal of the applicant from Canada has an emotional, social, physical, or financial impact on the life of a child then the circumstances may be sufficient basis to apply for an H & C application. Example: A work permit holder in Canada ends up having a child with his ex-girlfriend who is a Canadian citizen. While he may be estranged from the mother of the child, his presence in Canada could be extremely important to ensure a proper upbringing of the child.

H & C grounds generally apply to temporary residents who are inside Canada and whose removal from the country can have egregious effects on certain individuals. Although there is no written rule regarding this, an applicant using this type of application must prepare to stay inside Canada until the decision has been received on the application. It is also noteworthy here that an H&C application can take anywhere between 24-36 months to get processed, so if your situation warrants a time-sensitive decisioning then this may not be the correct route for you.