A foreign national who is inadmissible to Canada or who does not meet the requirements under Canada’s immigration laws and policy may make an application for humanitarian and compassionate considerations for exemption under Section 25 of the Immigration and Refugee Protection Act, commonly known as an H&C Application. Depending on the applicant’s circumstances, the adjudicating decision maker may excuse the applicant from having to meet the requirements of Canadian immigration laws and policies on the basis that there are sufficiently compelling humanitarian and compassionate circumstances. Foreign nationals who are otherwise ineligible to become permanent residents of Canada may be granted permanent residence status, under this section.
Humanitarian and compassionate grounds apply to individuals with exceptional cases, and each application is assessed on a case-by-case basis. Factors that are considered include but are not limited to:
- Establishment in Canada
- Family ties to Canada
- Hardships upon return to country of origin
- The best interests of any children directly affected
- Separation of family and relatives
- Hardship or impact to the applicant if the request is not granted
- Any unique or exceptional circumstances meriting intervention
We understand that every case is unique. Our lawyers are familiar with Canadian immigration laws and policies and can help you prepare a strong humanitarian and compassionate grounds application that is well suited and tailored to the issues in your case.
For assistance and more information about Humanitarian & Compassionate Applications, please contact us.