Humanitarian and compassionate
People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds.
Humanitarian and compassionate grounds (H & C) apply to people with exceptional cases. Factors that are looked into include:
- how settled the person is in Canada
- general family ties to Canada
- the best interests of any children involved, and
- what could happen to the request is not granted.
Other rules that apply to humanitarian and compassionate grounds:
- H & C grounds can be requested only if applying for permanent resident status in Canada, or for a permanent resident visa abroad. Temporary resident applicants are not eligible to apply under H & C grounds
- Risk factors such as persecution, risk to life, cruel and unusual treatment or punishment are not assessed.
- If there is a pending refugee claim, then an application on H & C grounds cannot me made.
- A negative decision from the Immigration and Refugee Board of Canada (IRB) results in a one year bar from applying on H & C grounds. However this bar does not apply if there are Chidlren under 18 who would be adversely affected if removed from Canada or there is proof that a dependant suffers from a life threatening medical condition that cannot be.
Humanitarian and Compassionate applications are one of the toughest to get approved and a well put together package addressing the concerns is of the highest priority. Contact Alexander Immigration Services to discuss your situation and to apply for permanent residence under H & C grounds.