What is H&C?
Humanitarian and Compassionate (H&C) grounds refer to a special consideration within Canadian immigration law that allows individuals who are inadmissible or do not qualify for a visa under regular immigration categories to apply for an exemption from standard immigration criteria. This process is used to address exceptional cases where the individual’s situation warrants special consideration due to compelling humanitarian reasons or compassionate grounds.

Who Can Apply?
H&C applications are typically made by individuals in Canada who may have lost their immigration status or are otherwise inadmissible. This includes:

• Long-term undocumented individuals who entered Canada as visitors and did not leave.
• Individuals who remained in Canada after their refugee claim was refused.

These individuals can apply to regularize their status in Canada by seeking permanent residence on H&C grounds.

When Can You Apply?
You can apply for H&C grounds when you are in Canada and facing challenges such as loss of status or inadmissibility. The application should be made to Immigration, Refugees and Citizenship Canada (IRCC) and involves submitting a paper application. The application will be reviewed by an immigration officer who will consider factors such as:

• Whether there are compelling circumstances beyond the applicant’s control that led to their current situation.
• Whether denial of the application would result in unusual, undeserved, and disproportionate hardship.

If approved, the officer has the discretion to waive most types of inadmissibility and grant the applicant permanent resident status. For more information on how to apply on Humanitarian and Compassionate grounds, please contact us.