What is an H&C Application?
An H&C (Humanitarian and Compassionate) application is a request for permanent residence from within Canada. Normally, foreign nationals must apply for permanent residence from their home country. However, under section A25.1 of the Immigration and Refugee Protection Act, foreign nationals—who are neither citizens nor permanent residents—can ask Immigration, Refugees, and Citizenship Canada (IRCC) to make an exception based on humanitarian and compassionate grounds.
What to Include in Your Application
Consult a lawyer or Expert RCIC since each case is unique. When preparing your application, consider that IRCC evaluates:
- Your integration into Canadian life (work, school, volunteering)
- Your inability to leave Canada
- Your ties to Canada
- The best interests of any children involved
- Health issues
- Family violence
- The impact of family separation
- Conditions in your home country (not related to seeking protection)
- Any other significant issues unrelated to seeking protection
Best Interests of the Child
When IRCC considers the best interests of a child, they examine:
- The child’s age
- The child’s connection to Canada
- Conditions in your home country
- The child’s medical needs
- The child’s education
- The child’s gender
Who is Ineligible for an H&C Application?
You cannot apply for an H&C if you:
- Are a Canadian citizen
- Are a permanent resident
- Have a pending H&C application
- Have an outstanding refugee claim
- Had a refugee claim rejected or abandoned within the last 12 months by the Refugee Protection Division or the Refugee Appeal Division of the IRB
- Withdrew a refugee claim within the last 12 months, unless it was withdrawn before a hearing at the IRB
Note: The “12-month bar” has exceptions. You may be exempt if:
- You provide credible evidence that children under 18 would be directly and adversely affected by your removal from Canada (they do not need to be your children)
- You provide credible evidence that you or a failed refugee claimant in your application would face a risk to life due to inadequate health or medical care in your home country
Additionally, you cannot apply if you:
- Became a designated foreign national within the last five years
- Received a decision within the last five years for a refugee claim, an appeal of a rejected refugee claim, or a Pre-removal Risk Assessment
Note: The Minister of Public Safety informs individuals when they become designated foreign nationals
