Humanitarian & Compassionate (H&C)

A Pathway Built on Care, Fairness, and Second Chances

Humanitarian and Compassionate (H&C) consideration allows individuals facing exceptional difficulties to request Permanent Residency in Canada when standard immigration programs are not an option. This pathway focuses on real human situations, not just technical requirements.

Humanitarian & Compassionate (H&C) Program

When Compassion Becomes a Path Forward

The H&C process is designed for people who would experience serious hardship if required to leave Canada. It recognizes that every individual’s situation is different and deserves careful, thoughtful review.

Immigration officers assess applications with discretion, considering personal circumstances, family ties, and long-term impacts—especially where children are involved. While approval is not automatic, strong evidence and a well-prepared application can make a meaningful difference.

This pathway reflects Canada’s commitment to fairness, dignity, and humane decision-making.

Why Apply Under H&C Grounds?

H&C applications are reviewed individually, with officers weighing multiple factors together rather than relying on a single condition.

Key Factors Considered

  • Establishment in Canada
    Length of time spent in Canada, employment history, education, language ability, and community involvement.
  • Family Ties in Canada
    Relationships with spouses, children, or close relatives who are Canadian citizens or permanent residents.
  • Best Interests of Children
    Emotional, educational, physical, and psychological impact on children affected by the decision.
  • Health-Related Concerns
    Medical conditions where adequate treatment may not be available in the home country.
  • Family Violence or Abuse
    Situations involving domestic violence or vulnerable family members.
  • Impact of Separation
    Emotional and social consequences of being separated from family members.
  • Conditions in the Home Country
    Factors causing hardship that are not related to refugee protection.
  • Any Other Relevant Circumstances
    Officers may consider additional humanitarian elements supported by evidence.

Because interviews are rare in H&C cases, the written application and documentation carry significant weight. A clear, honest, and detailed submission is essential.

Common Reasons for Applying Under H&C

1. Hardship

Hardship refers to serious difficulties an applicant would face if required to leave Canada. This may include medical challenges, emotional suffering, family disruption, or long-term instability.

Medical hardship can be a strong factor, especially when proper treatment is unavailable or inaccessible in the home country. Medical reports, expert opinions, and country-specific evidence are critical.

Establishment in Canada also plays an important role. Officers review employment records, education, financial stability, volunteer work, and social connections. Canadian-born children or children deeply rooted in Canadian life significantly strengthen an application.

2. Risk (Assessed Separately)

Serious risks such as threats to life, torture, or persecution are generally assessed through refugee or Pre-Removal Risk Assessment (PRRA) processes—not directly under H&C.

If such risks exist, strong documentation is required, and applicants should seek appropriate protection pathways alongside legal advice.

3. Best Interests of the Child

When children are affected, their well-being becomes a central consideration. Officers examine how removal would impact the child’s education, mental health, safety, and overall development.

Supporting documents may include letters from teachers, doctors, counselors, psychologists, or community leaders. Factors such as Canadian birth, school history, language ability, and emotional attachment to Canada are carefully weighed.

The goal is to ensure decisions prioritize the child’s present and future stability.

Limits & Restrictions on H&C Applications

There are important limitations applicants must understand:

  • Individuals with an active refugee claim cannot apply for H&C unless the claim is withdrawn before the IRB hearing.
  • A one-year bar applies after a negative refugee decision, with exceptions for:
    • Children facing serious harm, or
    • Life-threatening medical conditions without treatment options abroad.
  • Certain applicants must wait five years after:
    • Being designated a foreign national, or
    • Receiving a final negative refugee or PRRA decision.
  • If designated after filing an H&C application, processing may be suspended for five years.

These rules exist to maintain fairness and clarity in the immigration system.

Important Notes to Know

  • Submitting an H&C application does not automatically stop removal from Canada.
  • Only one H&C application can be active at a time.
  • Risk-based claims are not assessed under H&C unless reviewed through PRRA.
  • Some applicants may continue processing even if they must leave Canada.

Take the First Step with Confidence

Every H&C application is personal. It is your story—your challenges, your family, your future.

At Key Rise Immigration, we help present your case with clarity, compassion, and strong supporting evidence. From documentation to written submissions, we guide you through each step with care and professionalism.

Your circumstances matter.
Let us help your voice be heard.

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