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Humanitarian & Compassionate

Canada provides pathways for individuals facing exceptional circumstances to apply for permanent residency on Humanitarian and Compassionate (H&C) grounds. These applications are intended for those who may not qualify under standard immigration programs but have compelling reasons to remain in Canada.

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A Humanitarian and Compassionate (H&C) application allows individuals already in Canada to request permanent residency based on hardship, personal circumstances, and their establishment in the country.

Each case is assessed individually, taking into account the applicant’s unique situation and the impact of returning to their home country.

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Dandelions In Field

Who Can Apply?

H&C applications are generally suitable for individuals who:

  • Are currently in Canada

  • Do not qualify for other immigration pathways

  • Would face unusual, undeserved, or disproportionate hardship if required to leave Canada

This pathway is often used by individuals with strong ties to Canada or compelling personal circumstances.

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Key Factors Considered

Immigration authorities assess a range of humanitarian factors, including:

  • Establishment in Canada (length of stay, employment, community involvement)

  • Family ties in Canada

  • Best interests of any children involved

  • Health considerations

  • Conditions in the home country (including safety, access to care, or instability)

  • Consequences of returning to the home country

 

Eligibility Requirements

While there is no strict checklist, applicants must generally:

  • Provide a detailed explanation of their circumstances and hardship

  • Submit supporting evidence (e.g. medical reports, letters of support, country condition reports)

  • Demonstrate strong ties to Canada and efforts to establish themselves

  • Show why other immigration pathways are not available

Important: You cannot apply for H&C consideration if you have an active refugee claim or certain recent refusals, unless specific exceptions apply.

 

Length of Stay / Outcome

H&C applications are a pathway to permanent residency, not a temporary visa.

  • If approved, you will be granted permanent resident status

  • Processing times can be lengthy, often 12–24 months or more, depending on the complexity of the case

  • While your application is in process, you may be eligible to apply for a work permit or temporary status in certain circumstances

 

Key Considerations

  • Applications are highly discretionary and must be well-prepared

  • Strong documentation and a compelling personal statement are critical

  • Each case is assessed on its own merits

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How We Can Help

Our experienced migration consultants can:

  • Assess whether an H&C application is appropriate for your situation

  • Develop a strong and persuasive submission

  • Assist in gathering detailed supporting evidence

  • Prepare and lodge your application

  • Support you throughout the process, including related visa options

 

If you are facing exceptional circumstances in Canada, we can help you explore your options. Contact us today for confidential advice and personalised support.

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