Humanitarian Grounds

Who Qualifies for Humanitarian and Compassionate?

Applicants can use the H&C application to receive Canadian PR on humanitarian and compassionate grounds if you:

• are a foreign national currently living in Canada
• need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for Canadian PR
• believe humanitarian and compassionate considerations justify granting the exemption(s) you need
• are not eligible to apply for permanent residence from within Canada in any of these classes:
  
  • Spouse or Common-Law Partner
  • Live-in Caregiver
  • Caregivers: caring for children or people with high medical needs
  • Protected Person and Convention Refugees
  • Temporary Resident Permit Holder

You are NOT able to apply for Canada PR under H&C if you:

• are a Canadian citizen
• a permanent resident
• 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

NOTE: This is not the program for those looking to seek protection. If you are seeking protection to avoid persecution, danger, or unethical punishment, you will want to learn more about becoming a refugee in Canada

How an H&C Candidate is Assessed

A good candidate for an H&C application would be someone who has resided in Canada for a number of years and who has some of the factors listed above. Oftentimes, applicants do not qualify for other Canadian permanent residence categories such as the Federal Skilled Worker Program where applicants are assessed on their English skills or education or work experience. A typical applicant may be a laborer with little education but has managed to support him or herself in Canada. A few situations that have allowed individuals to successfully apply for H&C status include:

• Inability to travel back to Canada due to travel restrictions (such as due to covid-19)
• Applicant’s illness or incapacitation while traveling outside Canada
• Illness, incapacitation, or death of a family member who lives outside Canada
• Court, tribunal, or other legal proceedings outside Canada pertaining to the applicant
• Financial proceedings outside Canada pertaining to the applicant
• Best interest of a child

Best Interest of the Child

Officers reviewing an application to renew PR cards on humanitarian and compassionate grounds have to take into account the best interests of any child who will be directly affected by the outcome of the application. This consideration includes children living both inside and outside Canada, regardless of their citizenship or another status. Aspects of how the application relates to the child or children in question include:

• the child’s relationship to the applicant
• the child’s age
• the child’s degree of dependence on the applicant
• medical issues or special needs the child may have
• impact on the child’s application