Humanitarian and compassionate · Canada
Humanitarian and compassionate (H&C) application lawyers in Abbotsford, Surrey and Vancouver
A humanitarian and compassionate (H&C) application asks IRCC to grant permanent residence to someone in Canada who doesn’t qualify under another program, because of their circumstances. An officer weighs your whole situation, and strong applications back up each factor with evidence. If you had a negative refugee decision in the last 12 months, a one-year bar may apply, with exceptions.
- 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.
In most cases, you must wait 12 months after a negative decision from the Immigration and Refugee Board before you can apply on H&C grounds. This also applies if your refugee claim was abandoned or withdrawn.
- 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
An H&C officer does not decide whether you would be at risk of persecution. That question belongs in a refugee claim or a pre-removal risk assessment, although hard conditions at home can still count as hardship.
There is no checklist for H&C. An officer decides each case on its own facts, so your evidence and written arguments carry the most 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
Other immigration services
Family sponsorshipPermanent residenceCitizenshipRefugee claimsPre-removal risk assessmentRefusals and appealsSpousal sponsorship appealsParent sponsorship appealsPR removal order appealsResidency obligation appealsIRCC delays and mandamusStays and deferrals of removalInadmissibilityEntering Canada with a DUIVisit, study and work
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.