Humanitarian and Compassionate (H&C) Application

Who can apply

You can apply for H&C if your refugee claim was denied over a year ago.

You cannot apply for H&C if:

• You have a refugee claim in process.
• You withdrew a refugee claim within the last 12 months, unless the claim was withdrawn before your hearing.
• You have been deemed a designated foreign national within the last 5 years.

The one-year prohibition does not apply to you and you can apply for H&C and do not have to wait for 12 months if you can show that if you leave Canada:

• it would not be in the best interests of a child (under 18 years of age) in Canada or outside Canada, or
• your life (or the life of one of your dependents) would be at risk because of a lack of health care if you return to your home country.

Remain in Canada

While you wait for the decision on your H&C application, you could be removed from Canada.

You may be able to stay in Canada if you are waiting for a Pre-Removal Risk Assessment (PRRA).

If you have a removal order, you must still leave on the removal date unless you benefit from an “administrative stay of removal” or for a “stay of removal” before the Federal Court.

Considerations

Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.

Each case is unique, you have the burden of proof to demonstrate that you qualify for H&C considerations.

Careful, you may not qualify to apply for H&C considerations namely if you:

• have submitted an H&C application for which a decision has not been made.
• have an outstanding refugee claim.
• became a designated foreign national within the last 5 years.
• Are subject to the one-year bar, if you had a negative decision from the RPD or the RAD or if your claim was abandoned or withdrawn and do not benefit from one or two of the exemptions of BIOC or unavailability of health coverage in your home country.

You must clearly show that you have sufficient and compelling reasons to be granted an exception to apply for permanent residency in Canada. When applying, keep in mind that IRCC looks for three main factors:

1. Potential for hardships or health risks in your country of origin.
   
   You must show that you are likely to suffer hardships if you return to your country or origin, this could mean that you are unable to obtain medical treatments or that you are facing risks of discrimination or bad treatments that do not amount to persecution. You may also present other risks not presented at your refugee hearing.
2. Degree that you have established yourself in Canada.
   
   You must show that you have established a life in Canada. This includes: the amount of time you have lived in Canada, your language skills, efforts to improve education and skills, your ties to family members living in Canada, volunteer, education, employment and financial contributions.
3. Best interests of the child.
   
   You must show that your child(ren) or children you support in Canada or overseas would be negatively impacted if you are removed from Canada. This includes: the child’s emotional, social, cultural and physical welfare, and the child’s relationship to other family members in Canada.

How to apply

Use this checklist to gather all of the forms and documents you need to complete to support your application. 

The Application can now be made online via the Permanent Residence Portal or the Authorized Representative Permanent Residence (PR) Portal.

You can also mail in your application to:
IRCC – Humanitarian Migration Office
300 – 800 Burrard Street
Vancouver, BC V6Z 0B6

You must send evidence that supports what you say in your application. For example, you might have documents related to the difficulty you face in your country or the best interests of a child. 

If you do not include all the required forms and documents, your application will not be processed and returned back to you by IRCC.

After you apply

You can update your application right up until you get a decision.

• If you completed your application properly, your application will be processed.
• If your application was incomplete, it will be sent back so you can finish it.
• If you do not send the proper payment, your application will not be processed and it will be sent back to you with instructions.
• If your application is approved, you may be called for an interview to confirm information, or give more details or you will be told in writing and learn the next steps to become a permanent resident (such as a medical exam and background checks).
• If your application is refused, you will be told in writing.

Discuss next steps with your lawyer.