What is it?

Individuals that aren’t able to meet the requirements for Canadian Permanent Residency may still be able to obtain their Permanent Residency on humanitarian and compassionate (H&C) grounds. 

 

It’s important to note that “Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.” (Canadian Government)

What are the requirements to apply for a PR through Humanitarian and Compassionate (H&C) grounds?

There are multiple factors that go into considering your H&C application

 

Factors that are considered	Factors that are not considered
How settled you are in Canada General family ties in Canada The best interest of children involved What could happen to you if your request is denied Health considerations Consequences of separation from relatives Factors in your country of origin (not related to seeking protection)	Risk factors such as: persecution, risk to life, cruel and unusual punishment / treatment Cost of going home Inconvenience of going home

 

How long do applications take to process?

Though some estimates of processing times are 18-24 months, the government has stated that they cannot provide accurate processing times during Covid-19.

 

What happens if my application is approved?

If your Humanitarian and Compassionate consideration was approved, the Canadian government will inform you in writing and ask you to complete additional steps to obtain your Permanent Residency. This includes completing a medical exam and background check such as obtaining a police certificate.

 

What happens if my application is denied?

If your Humanitarian and Compassionate consideration was denied, the Canadian government will inform you in writing. 

The Canadian government does not give applicants the right to appeal a refused PR application on H&C grounds, though you may be able to ask the federal court of Canada to review the decision.

You must act quickly to ensure that you understand all options available to you.

In cases like these, we recommend using a specialized immigration attorney such as SAMLAW to ensure you quickly put backup options into motion.

 

Why it’s important to have legal help when applying for compassionate care

Humanitarian and Compassionate (H&C) cases require applicants to provide evidence and thoroughly demonstrate that they meet the criteria to gain their PR on H&C grounds.

Because applications are approved or denied based on the discretion of the immigration officer reviewing your case, preparing a strong application that stands out can be the difference between a PR approval or denial.

SAMLAW specializes in complex immigration cases and appeals to maximize your chances for success with your application.

Contact us if you would like to discuss your case and understand the different options available to you.