🌍 Understanding the Humanitarian and Compassionate (H&C) Application Process in Canada
Canada’s immigration system is known globally for its fairness, but not every immigration journey is straightforward. If you're in Canada without status, or you're unable to apply for permanent residency through regular programs, there may still be hope — through an H&C application.
So, what exactly is an H&C application? Let’s break it down.
💡 What is a Humanitarian and Compassionate (H&C) Application?
An H&C application is a special type of permanent residency application made from inside Canada by individuals who don’t meet the requirements of standard immigration streams (like Express Entry or Family Sponsorship), but who have compelling reasons to stay.
It’s meant for people facing exceptional hardship if forced to leave Canada — especially when returning to their home country isn’t feasible or safe due to medical issues, family hardship, lack of support, or serious risk of harm.
📝 Who Can Apply?
You may be eligible to apply under H&C grounds if:
You are currently in Canada and don’t have valid immigration status;
You are not eligible to apply under other immigration programs;
You are not barred from applying due to an enforceable removal order or recent refugee claim (unless 12 months have passed or there are exceptions);
You can show that your removal would cause undue hardship or that you’re well-established in Canada.
🔍 Key Factors Immigration Officers Consider
Each H&C case is evaluated on its own merits. Officers will assess factors such as:
Establishment in Canada (employment, education, volunteering, language skills, community involvement)
Best interests of any children affected, especially Canadian-born or Canadian-resident children
Family ties in Canada
Medical needs or health conditions and access to treatment
Hardship in your country of origin (e.g., lack of healthcare, discrimination, violence, economic instability)
Risks or personal circumstances (such as gender-based violence or LGBTQ+ persecution)
Your application must tell a compelling narrative supported by evidence.
📂 What You Need to Submit
A complete H&C application includes:
IMM 5283E – Application for Permanent Residence (H&C)
IMM 0008 – Generic Application Form
Schedule A (IMM 5669)
Additional Dependants/Family Info (IMM 5406)
Statutory Declaration of Common-Law Union (if applicable)
Fee payment ($570 per adult, $155 per child, as of 2025)
Detailed written submissions outlining your humanitarian reasons
Supporting documents like medical letters, school records, police reports, psychological assessments, reference letters, etc.
⏳ Processing Times
H&C applications are processed slowly — typically taking 18 to 24 months or more. During this time, applicants may request a Temporary Resident Permit (TRP) or apply for a work permit if eligible, though approval is discretionary.
📉 Can My Application Be Refused?
Yes. H&C applications are entirely discretionary, meaning officers aren't required to approve them even if they sympathize with your situation. A refusal can be challenged via a Judicial Review at the Federal Court, but you must act quickly — typically within 15 days of the refusal (if inside Canada).
👩🏽💼 Should I Work With a Professional?
Absolutely. H&C cases are complex and highly personal. You must present a well-structured legal argument supported by evidence and often country condition reports. Working with a qualified immigration consultant or lawyer greatly increases your chances of success — especially if your case involves children, trauma, or serious health issues.
💬 Final Thoughts
The H&C program is a last resort — but for many, it’s a lifeline. If you or someone you know is undocumented or facing removal from Canada, don't give up. You may still have options. Every story matters, and every person deserves to be heard.
📌 Need help with an H&C application? Book a consultation with Adriana Ryckman Immigration Consulting. We specialize in compassionate, results-driven representation for vulnerable applicants — including single parents, children with special needs, and those fleeing unsafe conditions.
