Humanitarian & Compassionate
Permanent Visa Services
Humanitarian & Compassionate Appeal
Foreign nationals who may not be eligible to become permanent residents of Canada because they are inadmissible or do not meet the requirements of the Immigration and Refugee Protection Act may be able to apply for an exemption on humanitarian and compassionate grounds.
What warrants an exemption will vary depending on the facts and context of each case. Immigration officers making humanitarian and compassionate determinations must consider and weigh all the relevant facts and factors before them; there must be a global assessment of all the relevant factors:
- How settled the person is in Canada
- General family ties to Canada
- The best interests of any children involved, and
- What could happen to you if the request is not granted.
The standard to be applied is set out in subsection 25(1) of the Immigration and Refugee Protection Act: whether relief is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
- You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
- You cannot have more than one humanitarian and compassionate grounds application at the same time. We will not assess risk factors such as persecution, the risk to life, cruel and unusual treatment or punishment.
- You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
- You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one-year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.)
The bar does not apply if: - You have children under 18 who would be adversely affected if you were removed from Canada, or
- You have proof that you or one of your dependents suffers from a life-threatening medical condition that cannot be treated in your home country.
As your authorized representative, our firm will prepare your Humanitarian and Compassionate Grounds Application from start to finish ensuring that it is thoroughly prepared and well supported with an abundance of documentary evidence establishing that you have met all of the requirements set out in the Citizenship Act and its regulations. We work with you to make certain that your application has the best possibility of being approved. Find out more.
