Who Can Apply For H&C Application In Canada?
Canada is distinguished for its humanitarian efforts and compassionate approach towards immigration. The H&C application (Humanitarian and Compassionate) is a unique avenue. This process provides a pathway for individuals who, while not meeting the eligibility of immigration Canada, have compelling reasons to stay in the country.
This guide will comprehensively cover everything you need to know about applying for a humanitarian and Compassionate ground in Canada to get PR, starting with an overview of the H&C application and then delving into the requirements, application process, and examples letter of H&C grounds.
What is a Humanitarian Visa in Canada?
The H&C application, more commonly known as a humanitarian visa, offers individuals a unique and hopeful opportunity to apply for permanent residence in Canada based on humanitarian and compassionate grounds.
This is a pathway designed for those who have significant reasons why they cannot return to their home country and do not qualify for other immigration programs, such as the refugee or skilled worker program. It’s a beacon of hope for those facing exceptional hardships.
Who Can Apply For Humanitarian And Compassionate In Canada?
Most individuals seeking permanent residency in Canada must apply from their country of origin, such as the Atlantic Immigration Program (AIP), Express Entry System (FSW, FST, CEC), Startup Visa (SUV), Self-employed person, Provincial Nominees, Caregivers, etc. However, you may use from within the country if you meet specific criteria:
- You are in Canada and require an exemption from specific requirements of the IRPA or its regulations to apply for permanent residence (PR).
- You believe your circumstances grant humanitarian and compassionate ground Canada (H&C) considerations when granting these exemptions.
- You do not qualify to apply for permanent residence under the following categories: Spouse or Common-Law Partner, Economic Class, Protected Person and Convention Refugees, or Temporary Resident Permit Holder.
Section A25(1) of the IRPA allows foreign nationals who are inadmissible or ineligible under a specific immigration class to seek permanent residency or an exemption based on H&C grounds. However, only one H&C application can be considered at a time.
Applying for H&C consideration is an extraordinary process and not merely another route to obtaining permanent residency in Canada. To qualify for an exemption, you must explicitly state the exemptions you’re requesting, provide detailed reasons for your request, and demonstrate compelling reasons for being allowed to apply from within the country. It’s important to note that the costs and inconveniences of returning to your home country are not sufficient grounds for H&C consideration. This reiteration can make the audience feel informed and prepared.
Humanitarian and Compassionate grounds application steps
Applying for an H&C visa is a comprehensive process that considers every aspect of your situation. Here’s a detailed breakdown:
1. Determine Eligibility
Ensure your situation qualifies for an H&C application. This is typically used as a last resort for those who face exceptional hardships.
2. Gather Documentation
Collect all necessary documents including your status in Canada (e.g. visitor visa, study permit or work permit, temporary resident permit, including out of status documentation), Birth certificates, marriage or divorce certificate (If applicable), passport, photos, etc. to support your application. This includes evidence of your establishment in the country, such as employment records, community involvement, and letters of support.
3. Complete Application Forms
Complete the humanitarian and compassionate grounds application forms provided by IRCC, the authority responsible for processing H&C applications. The main form is IMM 5283 (Application for Permanent Residence on Humanitarian and Compassionate Grounds). You need to complete these digital forms online for yourself and any family members aged 18 or older:
- Generic Application Form for Canada (IMM 0008)
- Schedule A – Background/Declaration (IMM 5669)
- Additional Family Information (IMM 5406)
- Additional Dependants / Declaration (IMM 0008DEP) (if applicable)
Additionally, you must fill out Supplementary Information—Humanitarian and Compassionate Considerations (IMM 5283), list all factors you wish to have considered when you submit your application, and provide evidence to support your statements. You don’t need to sign them. Upload them with your online application.
As the principal applicant, you will electronically sign the entire application, covering all included family members. Use the humanitarian and compassionate grounds checklist [IMM 5280] to ensure you include all necessary forms and documents and Supplementary Information [IMM 5283].
4. Write a Detailed Personal Statement:
Your statement (humanitarian and compassionate grounds letter) is very important to your application. It allows you to clearly explain your situation, hardships, and why you deserve to stay in Canada. Be honest and detailed, as this is your opportunity to be heard and understood.
5. Pay the IRCC Fees
The IRCC fee for the H&C application must be paid at the time of submission. The current fees are on the IRCC website. Typically, your fees will cover processing fees ($635) for yourself and anyone included in your application, the right of Permanent Residence Fee ($575), Include a dependent child ($175 per child), Biometrics ($85) and fees charged by third parties such as an official translator, transportation, etc. All fees must be paid online.
6. Submit Your Application
Before you submit your application, make sure you answer all questions, electronically sign it (type your full name exactly as shown on your passport), include your processing fee receipt, and upload all the supporting documents. If your application is incomplete, the IRCC will reject it. You’ll have to fix any errors and then re-submit it. Keep a copy of everything for your records.
7. Wait for IRCC Decision
The H&C application processing time can vary. If you live outside Quebec, the current H&C processing time is 20 months, and in Quebec, it is 51 months. During this period, you may be asked for additional information or to attend an interview.
Using an immigration representative
To use an immigration representative (RCIC), submit the Use of a Representative form [IMM 5476], signed by you and your representative, and upload it with your application. Representatives can assist with advice, document preparation, and communication but need help creating a portal account or signing applications on your behalf. You must personally type your name to legally sign the application.
If you want information released to a non-representative, submit the Authority to Release Personal Information to a Designated Individual [IMM 5475] form, signed by hand, and include it with your application.
Humanitarian and Compassionate Requirements
A humanitarian and compassionate grounds application must demonstrate that the applicant faces exceptional and compelling circumstances to succeed. The essential requirements include:
- Establishment in Canada (Ties): This refers to proof of your significant ties to Canada, such as long-term residence, stable employment, active participation in the community, and relationships. The more established (Ties) you are in the country, the stronger your case for an H&C application will be.
- Best Interests of Children: If children are involved, their best interests are a primary consideration. This includes their emotional, social, and educational well-being.
- Risks and Hardships: Evidence of the hardships and risks you would face if you returned to your home country. This could include threats to your safety, lack of access to medical care, or severe economic deprivation.
- Other Compassionate Factors: Any other factors that might warrant special consideration, such as serious health issues or extreme emotional distress.
Humanitarian and Compassionate Grounds Examples
Examples of grounds that may be considered in an H&C application include:
- Health Issues: Severe medical conditions that cannot be adequately treated in the applicant’s home country.
- Family Ties: Strong family connections in the country, especially if separated from immediate family members, would cause undue hardship.
- Risk of Harm: Threats of violence, persecution, or significant human rights violations in the home country.
- Best Interests of Children: Situations where the removal of a child from the country would negatively impact their well-being.
- Establishment in Canada: Long-term residence, stable employment, and active participation in the community.
Humanitarian and Compassionate Grounds Checklist
To ensure your H&C application is complete, use the following humanitarian and compassionate grounds checklist checklist:
- Completed humanitarian and compassionate grounds application forms
- Detailed personal statement
- Proof of establishment in the country (e.g., employment records, tax returns, community involvement)
- Letters of support from family, friends, and community members
- Medical records (if applicable)
- Evidence of risks and hardships in the home country (e.g., news articles, police reports)
- Documents showing the best interests of children (if applicable)
- IRCC Application fee payment receipt
Factors Affects H&C Application Processing Time
The H&C application processing time can vary widely based on several factors. Here are some key points to consider:
- Case Complexity: The complexity of your case plays a significant role in how long it will take. Cases that involve extensive documentation, medical issues, or significant risks might take longer to process.
- Volume of Applications: The number of H&C applications currently being processed by Immigration, Refugees and Citizenship Canada can affect your application’s timeline. Periods with high volumes of applications typically result in longer processing times.
- Additional Information Requests: If IRCC requests additional information or documentation, such as medical records or police reports, gathering and submitting these materials can extend the processing period.
- Interviews and Assessments: Some applications may require personal interviews or additional assessments, which can add to the overall processing time.
- Expedited Processing: In rare cases, expedited processing might be available for applications involving urgent humanitarian needs or severe medical conditions. Such requests are considered on a case-by-case basis and must be well-documented.
Given the potential for extended processing times, ensuring your application is thorough, complete and well-documented is essential to avoid unnecessary delays. If you have concerns about the processing time for your specific situation, remember that you’re not alone. Consulting with an immigration consultant or legal advisor can provide additional guidance and support, making you feel more supported and guided in your application process.
Humanitarian and Compassionate Grounds Letter Sample
Here is a compassionate letter example. It is intended as a general guide and should be customized to reflect the individual’s case’s specific details and unique circumstances. Each applicant’s situation is different, and it is essential to tailor the letter’s content and supporting documents accordingly to effectively convey the reasons for requesting an exemption from the standard immigration requirements. Consulting with an immigration lawyer or consultant can help ensure that the letter accurately represents the applicant’s situation and meets all necessary legal requirements. This is a humanitarian and compassionate grounds letter sample of how you might structure your statement for an H&C application:
Compassionate letter examples
To: Immigration, Refugees and Citizenship Canada
Subject: H&C Application
Dear Sir/Madam,
I am writing to apply for permanent residence in Canada on humanitarian and compassionate grounds. I have lived in the country for [number of years] and deeply integrated into Canadian society. My circumstances are unique and warrant special consideration for the following reasons:
Personal Information
- Name: [Your Full Name]
- Date of Birth: [Your Date of Birth]
- Country of Origin: [Your Country of Origin]
- Current Status: [Visitor/Student/Worker/Out of Status /TRP holder /etc.]
- Date of Arrival: [Date of Arrival]
Circumstances and Reasons for H&C Application
I am seeking an exemption from the requirements of the Immigration and Refugee Protection Act (IRPA) due to [specific reasons, such as severe health issues, family separation, risk in the home country, integration into Canadian society, etc.]. My situation is unique and merits special consideration for the following reasons:
[Reason 1]
[Provide detailed information, including any supporting documents, to explain why this reason supports your application.]
Reason 1 Example: Best Interests of Children:
My children, [names], have been attending school in Canada and are thriving academically and socially. Removing them from their current environment would significantly disrupt their education and emotional well-being.
[Reason 2]
[Detail the situation, providing evidence and explaining how this constitutes a humanitarian and compassionate ground.]
Reason 2 Example: Risks and Hardships:
Returning to [home country] poses severe risks to my family’s safety due to [specific threats, lack of medical care, economic instability]. The situation in my home country has deteriorated, and we would face undue hardship if forced to return.
[Reason 3]
[Describe another aspect of your situation that should be considered.]
Reason 3 example: Establishment in Canada:
I have established a stable life in Canada, with continuous employment at [employer’s name] for the past [number of years]. I actively participate in my community through [volunteering, church, and clubs], and have built strong relationships with families, friends and colleagues.
[Reason 4: Other Compassionate Factors]
I suffer from [medical condition], which requires ongoing treatment available in Canada but not in [home country]. My health would be severely compromised if I were to leave.
Evidence and Supporting Documents
I have included the following documents to support my application:
- Medical reports and assessments
- Letters of support from family members, friends, and community leaders
- Proof of Canadian residence and community involvement
- Employment records and educational certificates
- Any other relevant documentation
Given these circumstances, I respectfully request that my application for permanent residence on humanitarian and compassionate grounds be approved. Thank you for considering my case.
Sincerely,
[Your Name]
[Your Address]
[City, Province, Postal Code]
[Date]
Conclusion
Applying for a humanitarian visa in Canada is a detailed and complex process that requires thorough documentation and a compelling case. Understanding the requirements, gathering strong evidence, and presenting your situation clearly can significantly improve your chances of success. If you believe you qualify for an H&C application, it’s advisable to seek legal advice or assistance from an immigration consultant to navigate the process effectively.
H&C Application FAQs
What are Humanitarian and Compassionate Grounds Application?
Humanitarian and compassionate grounds application refer to exceptional circumstances that justify allowing an individual to remain in Canada as a permanent resident despite not meeting the usual criteria. These grounds can include significant hardship, health issues, family ties, establishment in the country, and risks if the individual returns to their home country.
Who is Eligible to Apply for an H&C Application?
Individuals currently in Canada who do not qualify for other immigration programs may be eligible to apply for an H&C application. This includes refugee claimants whose claims have been denied, temporary residents who have established deep roots in Canada, and individuals facing deportation with compelling reasons to remain in the country. It is intended as a last resort for those facing exceptional hardships.
What Evidence is Required for an H&C Application?
A humanitarian and compassionate application requires comprehensive evidence to support the applicant’s claims. This can include:
- Proof of establishment in Canada (employment records, tax returns, community involvement)
- Medical records (if health issues are a factor)
- Letters of support from family, friends, and community members
- Documentation of risks and hardships in the home country (news articles, police reports)
- Evidence of the best interests of any children involved (school records, letters from teachers)
Can You Apply for H&C Outside Canada?
Generally, humanitarian and compassionate grounds Canada are intended for individuals already in the country. However, in exceptional cases, individuals outside Canada may be able to apply if they can demonstrate compelling humanitarian and compassionate grounds. This is less common and requires significant evidence of why applicants cannot apply through other immigration programs or from within the country.
What is the H&C application processing time?
The H&C application processing time can vary significantly depending on the complexity of the case and the volume of applications being received by IRCC. It can take several months to a few years to receive a decision. If you live outside Quebec, the current H&C processing time is 20 months, and in Quebec, it is 51 months. During this time, applicants may be asked to provide additional information or attend an interview. Ensuring your application is as complete and detailed as possible is essential to avoid unnecessary delays.
Who Can Apply For Humanitarian And Compassionate In Canada?
Anyone currently in the country and not eligible to apply through other immigration programs can apply for humanitarian and compassionate grounds in Canada. This includes:
- Refugee claimants whose claims have been denied face severe risks if returned to their home country.
- Temporary residents who have established deep roots in Canada.
- Individuals facing deportation but who have compelling reasons to remain in the country.
How Arnika Visa Can Help in H&C Application?
- Initial Consultation: Personalized assessment of eligibility and case evaluation.
- Document Collection: Assistance in gathering essential evidence and documentation.
- Application Preparation: Drafting detailed and compelling submissions.
- Legal Compliance: Ensuring all legal requirements are met.
- Case Presentation: Highlighting significant hardships and exceptional circumstances.
- Ongoing Support: Regular updates and communication throughout the process.
- Advocacy: Strong representation and advocacy for clients’ cases.
- Appeal and Review: Guidance on potential appeal or judicial review processes, if necessary
With our deep understanding of immigration laws and compassionate approach, we advocate strongly for our client’s cases, striving to secure favourable outcomes considering their well-being and unique situations. Arnika Visa is committed to helping clients find safety, stability, and a brighter future in Canada.
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