Humanitarian and compassionate · Canada
Humanitarian and compassionate lawyers in Abbotsford, Surrey and Vancouver
If you are in Canada and don’t qualify under another immigration program, a humanitarian and compassionate (H&C) application asks IRCC to grant permanent residence because of your circumstances.
- Applications from inside Canada
- Best interests of children
- Evidence of establishment and hardship
Book an H&C consultation
Tell us a little about your situation and we'll be in touch to arrange a time.
Negative refugee decision in the last 12 months? A one-year bar on H&C applications may apply, but there are exceptions.
You generally cannot apply on H&C grounds within 12 months of a negative Immigration and Refugee Board decision, including an abandoned or withdrawn refugee claim.
- Exception: a child under 18 would be adversely affected by your removal
- Exception: you or a dependant has a life-threatening medical condition that cannot be treated in your home country
- You cannot have a refugee claim and an H&C application at the same time
- Only one H&C application can be in process at a time
Risk of persecution is not assessed in an H&C application.
H&C decisions are discretionary, so the evidence and written submissions carry great weight.
- Employment, tax and community records
- Letters from family, employers and community members
- Evidence about children’s schooling, health and wellbeing
- Evidence of the conditions you would face if returned
We write detailed submissions that connect your evidence to each factor.
- Check eligibilityWe review your history, including any refugee decisions and timing bars.
- Gather evidenceWe help you collect the documents that show your establishment and ties.
- Written submissionsWe present your case clearly against each factor the officer considers.
- Follow throughWe respond to IRCC requests and advise on options if refused.
H&C application questions
Usually not within 12 months of the negative decision, unless an exception applies, such as a child under 18 who would be adversely affected, or a life-threatening medical condition that cannot be treated in your home country.
Not automatically. If you are facing removal, get advice right away about the options available to you.
No. You would need to withdraw your refugee claim before your hearing to apply on H&C grounds.
Evidence of how settled you are in Canada, your family ties, the best interests of any children, and what would happen if you had to leave.
You may be able to seek judicial review in the Federal Court. The deadline is 15 days for decisions made in Canada, so contact us quickly.
Official sources: IRCC: Humanitarian and compassionate groundsIRPA section 72
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Humanitarian and compassionate help in Abbotsford, Surrey and Vancouver
Meet us at any of our offices, or by phone or video from anywhere in Canada or abroad.
Want to know if an H&C application is right for you?
Book a consultation and we will give you an honest assessment.