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Canada's Humanitarian and Compassionate Program

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by Kathy Watkins

Understanding Canada’s Humanitarian and Compassionate Program

Canada is renowned for its compassionate spirit, offering support and the possibility of a new home for those who need it. If you find yourself in Canada and face serious social, economic, or personal hardship upon returning to your home country, you might be eligible to apply to stay through the Humanitarian and Compassionate (H&C) program. This option exists even if other immigration pathways are not available to you, provided you can demonstrate the hardship you would experience.

The H&C program also encompasses refugee claims. This means if you are unable to go back to your home country due to a well-founded fear of persecution, you may qualify for protection.

There are two primary avenues through which you can seek permanent residency on humanitarian and compassionate grounds: by resettling from outside of Canada or by claiming refugee protection while already within Canada.

Humanitarian and Compassionate Canada

Under the Safe Third Country Agreement with the United States, individuals must apply for refugee status in the first safe country they arrive in. Consequently, if you enter Canada from the United States via a land border, you are generally required to file your refugee claim in the United States unless exceptions—such as having family members in Canada—apply.

Immigration to Canada is here to guide you through this process, providing expert assistance in navigating your journey toward permanent residency under humanitarian and compassionate grounds.

Resettlement Options for Moving to Canada

Immigration to Canada offers various pathways for individuals seeking resettlement, managed through referrals by the United Nations Refugee Agency, designated referral organizations, or private sponsorship groups. Applicants must successfully pass a medical examination and undergo security and criminal checks. These organizations then refer them to the Canadian government, where individuals can apply under one of the following categories:

Convention Refugee Abroad Class:

This applies to individuals who are outside their home country and unable to return due to a well-founded fear of persecution based on factors like race, religion, political opinion, nationality, or membership in a specific social group such as gender or sexual orientation. The Canadian government can sponsor these individuals, as can groups or organizations, or a combination of both. You may also qualify as a Convention Refugee if you possess the financial means to support yourself and your family after arriving in Canada.

Country of Asylum Class:

This category is for those who are outside their home country or habitual residence, have been significantly affected by civil unrest or armed conflict, or have experienced persistent denial of fundamental human rights. In this category, you can be privately sponsored, or you may qualify if you have the necessary funds to support yourself and your family in Canada.

If you are interested in exploring the opportunities for resettlement in Canada, Immigration to Canada is here to guide you through the process. Our team of experts is ready to assist you every step of the way, ensuring you meet all required conditions and helping you settle successfully into your new life in Canada

Seeking Refugee Protection Within Canada

Immigration to Canada offers a program specifically designed for individuals already residing in the country who are concerned about their safety or risk of persecution if they return to their homeland. This initiative allows you to apply for refugee status with the Immigration Refugee Board of Canada as either a Convention Refugee or a Person in Need of Protection.

Canada on Humanitarian and Compassionate Grounds

Humanitarian and Compassionate (H&C) applications offer a route for foreign nationals to attain permanent residency in Canada, especially when they don’t fit into other immigration categories. These applications essentially request an exemption from the standard laws and regulations set by Immigration, Refugees and Citizenship Canada (IRCC).

Due to the challenging and flexible nature of this process, applicants must present comprehensive evidence to support their claims. Successful H&C applications typically require the expertise of seasoned lawyers who are deeply familiar with this area of immigration law.

Typically, Canada’s immigration policies require foreign nationals to apply for permanent residency from abroad. However, those already residing in Canada without legal status can apply while in the country, under H&C grounds. Each application is evaluated on an individual basis, considering a wide range of personal circumstances.

It’s important to note that H&C applications cannot be used for temporary residence requests. Additionally, risks such as persecution, threats to life, or risk of torture do not qualify under H&C but are better suited for refugee status applications.

Humanitarian and Compassionate Canada

When Can Humanitarian and Compassionate Grounds Be Invoked for Immigration?

At Immigration to Canada, we understand that not everyone can meet the standard requirements for a Canadian visa. Fortunately, there is an alternative pathway for those in special circumstances: applying for permanent residency on humanitarian and compassionate (H&C) grounds. This option caters to unique situations, and may also be available to applicants outside Canada.

Here are some scenarios where applying on humanitarian and compassionate grounds might be appropriate:

Eligibility for Humanitarian and Compassionate Grounds in Canada

Foreign nationals residing in Canada without valid immigration status may be eligible to apply for consideration under humanitarian and compassionate (H&C) grounds. This option is available for individuals such as:

However, some individuals are restricted from applying under H&C grounds. The following categories are not eligible:

Applications based on H&C grounds are exceptional and granted only when the evidence convinces the reviewing officer that a denial would result in undue harm.

How to Extend Your Stay in Canada

Maintaining your legal status in Canada is crucial, even if you’ve submitted a Humanitarian and Compassionate (H&C) application. Unlike refugee claims, Immigration, Refugees and Citizenship Canada (IRCC) can issue a removal order while your H&C application is being processed. Therefore, it’s essential to ensure that your work permit, study permit, or visitor visa is valid throughout the duration of your H&C application process.

To prolong your stay in Canada, you must:

Online requests for stay extensions usually take around three months to process, while paper applications might take a bit longer.

If your application is approved, you will receive a new status document with an updated expiry date. However, if your application is denied, you must leave Canada by the expiry date on your original temporary status.

FAQ
What is the Humanitarian and Compassionate Program in Canada?

The Humanitarian and Compassionate (H&C) Program in Canada is designed for individuals applying for permanent residence in Canada on humanitarian and compassionate grounds. It is intended for those who might not meet the standard immigration requirements due to exceptional circumstances.

Who is eligible to apply for the Humanitarian and Compassionate Program?

Eligibility for the H&C Program is determined on a case-by-case basis. Applicants must demonstrate compelling reasons related to their personal circumstances that warrant a special consideration for permanent residence. This can include family ties in Canada, the best interests of any children involved, and significant connections to Canadian society.

Can I apply for the H&C Program if I am already in Canada?

Yes, you can apply for the H&C Program if you are already in Canada. However, you must demonstrate that, if forced to leave Canada, you would experience undue hardship, which could encompass anything from medical issues to ties to Canadian communities.

What factors does the Canadian government consider in an H&C application?

The Canadian government considers several factors in an H&C application, including the applicant's establishment in Canada, family ties, the best interests of any children involved, and any potential hardships faced if the application is not granted.

How long does it take to process an H&C application in Canada?

Processing times for H&C applications can vary widely depending on the complexity of the case and current government workloads. Typically, it may take several months or even longer for a decision to be made. It's important for applicants to provide as much detailed information as possible to support their case.

Can an H&C application be submitted while a refugee claim is being processed?

No, you cannot have an outstanding refugee claim and file an H&C application at the same time. You must choose one path for your application, as the processes and criteria differ. It's advisable to seek legal guidance to determine the best option for your specific situation.

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