Humanitarian and Compassionate Application
The Humanitarian and Compassionate Application (H&C) is geared towards immigrants who would not normally be eligible for permanent residence in Canada. This application allows for immigrants to seek special permission to stay within Canada during the process of their permanent residence application. The H&C allows for flexibility around individuals with exceptional cases that are not covered by the basic legislation. The assessment of what warrants relief and what is considered an exceptional circumstance depends on the context and details around the case, and is determined on a case by case basis.
Reasons to Apply for H&C?
Generally, when an individual is looking to apply for the Humanitarian and Compassionate application, there are two main factors that are taken into consideration:
- This is referring to situations that may lead to serious difficulties or suffering in the applicants life
- To prove hardship, an applicant would have to show how the hardship would have a significantly negative effect on their life. Showing how well you are already established in Canada is largely considered in hardship cases when individuals may have to be sent back to their home country.
- This is referring to the serious possibility that you may be subject to any of the following if you are forced to leave Canada and go back to your home country:
- Risk of life
- Risk of cruel or unusual punishment
The Canadian government takes into consideration the hardship and risk that an immigrant may come face to face during the process of evaluating their Humanitarian and Compassionate application. It is important to remember that the onus is on the applicant to prove the intensity of hardship and risk that they may face if they are forced to leave Canada.
We work with our clients to make sure that nothing is missed or overlooked in the application process, so that the likelihood of success may be greater. Our lawyers are skilled in providing detailed examples and proving the level of hardship and risk that our clients would face if they are forced to leave Canada. During the application process, we work one on one with our clients to guarantee that the most detailed effort is put into ensuring a strong case going forward.