Humanitarian and compassionate applications for survivors of family violence

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 14, 2026

Published November 14, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 14, 2026: IRCC’s H&C family relationships instructions (modified June 11, 2026), IRCC’s options page (modified March 12, 2026) and Kang v. Canada (Citizenship and Immigration), 2025 FC 473 checked that day.

For most survivors whose sponsorship ended because of abuse, the road to permanent residence is a humanitarian and compassionate (H&C) application under section 25 of the Immigration and Refugee Protection Act. IRCC treats these as a special group: it speeds up the first-stage decision in urgent cases, and its instructions tell officers to approach them sensitively and to consider an exemption if you are on social assistance. The Federal Court has also made clear that accepting the abuse isn’t enough: the officer has to weigh it.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares H&C applications for survivors of family violence and challenges H&C refusals in the Federal Court; this guide is by Prabhpreet Kaur Sangha.

Book a consultation about family violence and your immigration options TapClick to open a short form. Our team will contact you to arrange a time.Short form, 4 quick fields Open form

The Kang case: family violence as a compassionate factor

In Kang v. Canada (Citizenship and Immigration), 2025 FC 473, a young woman came to Canada at 18, married, and suffered emotional, physical and sexual abuse, isolation and financial control. She left with her passport and a bag of clothes, and her husband withdrew his sponsorship. The H&C officer accepted the family violence but refused the application, praising her “resilience and ‘bounce back’ from the adversity”.

The Federal Court set the refusal aside. Justice Little held that intimate partner violence “is a compassionate factor in itself in an H&C application” (para 42), and that:

“Having accepted that the applicant suffered from intimate partner abuse, the officer had to consider the facts and events that occurred, and their effects on the applicant, and address that central question.”

Kang v. Canada (Citizenship and Immigration), 2025 FC 473, at para 45

The Court added that the officer had to show they understood the full nature of the abuse, including control, isolation and financial dependence, which were in her own statements but missing from the reasons (para 46). I developed and argued the case for the applicant. It is now the case we cite when an officer accepts abuse but doesn’t weigh it.

H&C family violence: the fast-tracked decision

IRCC speeds up the eligibility (first-stage) decision if you are experiencing family violence in Canada by a spouse or common-law partner and depend on that partner for your status. Say so clearly at the top of the application and in the cover letter. A first-stage approval also gives you a stay of removal while the rest is processed.

On social assistance after leaving: the section 39 waiver

Being on social assistance can normally make an applicant inadmissible under section 39. IRCC’s June 11, 2026 instructions tell officers that survivors often can’t support themselves right away (housing, child care, isolation, trauma, no child support) and that they should consider exempting them, even on their own initiative. Ask for the exemption anyway, and show your plan to become self-supporting.

What officers weigh in a family violence H&C

No police or medical records?

Many survivors never reported to police or saw a doctor, especially where the abuse was emotional, controlling or financial. There is no rule that an H&C needs those records. What officers look for is a detailed, candid statement from you, backed by whatever you have: letters from people you confided in, messages, counselling records, shelter letters. I have seen refusals give the abuse only “some weight” because the applicant’s own account was missing or because there were no police or medical records. Your statement is the centre of the file.

From the family violence TRP to PR

Many clients file the H&C while on a family violence TRP. The TRP gives you status and a work permit while the H&C is decided: see the family violence TRP.

Why a family violence H&C needs a lawyer

One lawyer, one file, every step:

• presenting the abuse so it is weighed as a compassionate factor, not just noted;
• asking for the fast-tracked decision and the section 39 waiver;
• the hardship and establishment evidence that carries the rest of the file;
• judicial review if an officer accepts the abuse but doesn’t weigh it, as in Kang. See an H&C refusal.

If the application is refused, the Federal Court reviews the record you filed. That record has to be right the first time.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.

Mistakes I have seen

• Leaving out your own statement because letters from family and friends describe the abuse. Officers have discounted the abuse for that reason.
• Not asking for the fast-tracked decision or the section 39 exemption because you didn’t know they existed.
• Describing yourself as fully recovered. Resilience is real, but Kang shows an officer can’t use it to skip weighing the abuse.
• Sending untranslated messages or documents.
• Arguing risk of persecution instead of hardship. Risk factors belong in a refugee claim or PRRA; frame the same facts as hardship.

Frequently asked questions

Is family violence enough for an H&C?

It is a compassionate factor in itself, but an H&C is a global assessment. It is weighed with hardship, establishment and children’s interests.

Does IRCC process family violence H&Cs faster?

Yes. IRCC fast-tracks the first-stage decision in urgent cases where the abuse is by a spouse or partner you depended on for status.

I’m on social assistance. Will I be refused?

Not automatically. IRCC’s instructions tell officers to consider exempting survivors from the social assistance bar.

What is the Kang case?

Kang v. Canada (Citizenship and Immigration), 2025 FC 473: the Federal Court held that abuse by a partner is a compassionate factor in itself and must be weighed, not just accepted.

Can I apply while on a family violence TRP?

Yes, and many people do.

What if the H&C is refused?

You can apply to the Federal Court within 15 days (in Canada). See an H&C refusal.

Related guides: immigration options for victims of family violence; the family violence TRP; an H&C refusal; humanitarian and compassionate applications; removal while an H&C is pending.

What should I do right now?

Start your own written account now, in your words, with dates where you can. Note who you told and when. Those people can write letters later.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

Ready to book? Open the booking form ↑

Sources (official)

• IRCC: The humanitarian and compassionate assessment: dealing with family relationships (modified June 11, 2026)
• IRCC: Immigration options for victims of family violence (modified March 12, 2026)
• Immigration and Refugee Protection Act, s. 25(1) (humanitarian and compassionate considerations)
• Immigration and Refugee Protection Act, s. 39 (financial reasons)
• Federal Court: Kang v. Canada (Citizenship and Immigration), 2025 FC 473 (March 13, 2025)
• Supreme Court of Canada: Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61

This article is general information, not legal advice. Every case depends on its own facts.