Maintaining Status While an H&C Application Is Pending in Canada
Why Visitor Record Extensions Can Be Critical for Humanitarian Applicants
When individuals apply for permanent residence on Humanitarian and Compassionate (H&C) grounds in Canada, one of the most common challenges they face is maintaining legal immigration status while waiting for their application to be processed.
At Adriana Ryckman Immigration Consulting (ARIC), we frequently assist families in complex immigration situations where humanitarian considerations intersect with temporary status issues. Because H&C applications can take many months — and sometimes years — to process, applicants must often take additional steps to remain legally in Canada during this period.
One effective strategy is requesting a visitor record extension, which allows applicants to maintain temporary resident status while their H&C application is under review.
This article explores how visitor extensions can support humanitarian cases and protect vulnerable families.
Understanding Humanitarian and Compassionate (H&C) Applications
Under section 25(1) of the Immigration and Refugee Protection Act (IRPA), foreign nationals may apply for permanent residence based on humanitarian and compassionate grounds if exceptional circumstances justify allowing them to remain in Canada.
H&C applications often involve situations such as:
serious medical needs
the best interests of a child
family separation concerns
establishment in Canada
lack of viable support in the country of origin
These cases require a careful assessment of hardship and compassion within Canada’s immigration system.
However, submitting an H&C application does not automatically grant temporary status. Applicants must still ensure they maintain lawful immigration status while their case is pending.
Case Example: Supporting a Young Family with a Medically Vulnerable Child
In a recent case handled by our office, we assisted a young family who had already submitted an H&C permanent residence application.
The applicants were the parents of a Canadian citizen infant who had been diagnosed with a serious neurological condition at birth. This condition required continuous medical monitoring and therapy, including:
developmental therapy
physiotherapy
pediatric specialist care
long-term medical supervision
These services were being provided through Canada’s healthcare system and were critical for the child’s development and recovery.
At the same time, the parents’ temporary visitor status in Canada was nearing expiry, creating a risk that they could fall out of status while awaiting the processing of their H&C application.
To address this, we prepared a visitor record extension request, asking Immigration, Refugees and Citizenship Canada (IRCC) to allow the parents to remain in Canada legally during the processing of their humanitarian application.
The Best Interests of a Canadian Child
A key component of the submission focused on the best interests of the child (BIOC).
Canadian immigration law requires decision-makers to give significant weight to children’s interests, particularly when a child’s safety, health, or development could be affected by immigration decisions.
The Supreme Court of Canada confirmed this principle in the landmark decision:
Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61
This case emphasized that immigration officers must approach humanitarian decisions with flexibility and compassion, especially when children are involved.
In this case, the child’s medical condition required stable access to Canadian healthcare services. Disrupting that care could negatively affect treatment progress and long-term development.
Additional Humanitarian Considerations
Beyond the child’s medical needs, additional humanitarian factors were present.
At the time of the application:
the mother was pregnant with the couple’s second child
the pregnancy involved additional medical considerations
she was also the primary caregiver for their medically vulnerable infant
The combination of medical care, pregnancy, and childcare responsibilities created a situation requiring stability and ongoing access to healthcare.
Supporting medical documentation and prenatal records were submitted as part of the application.
Strong Family Support in Canada
Another important factor was the applicants’ family support network in Canada.
The couple was living in a multigenerational household with extended family members who are permanent residents of Canada. This family provided:
stable housing
financial support
daily childcare assistance
emotional support for the parents
Evidence submitted included:
proof of family relationships
employment documentation
financial records demonstrating the ability to support the applicants
This helped demonstrate that the applicants were not dependent on public assistance and had a stable support system in Canada.
Community support for the child’s medical treatment was also documented.
Dual Intent in Canadian Immigration Law
Another key legal argument referenced the concept of dual intent under section 22(2) of the Immigration and Refugee Protection Act.
Dual intent recognizes that a foreign national may simultaneously:
seek temporary status in Canada, and
pursue permanent residence
This principle means that having an H&C application in progress does not automatically prevent someone from receiving temporary resident status, provided they continue to respect immigration conditions.
In this case, the applicants had demonstrated consistent compliance with Canadian immigration rules and were requesting an extension solely to remain lawfully in Canada while awaiting a decision.
Why Maintaining Status Matters During H&C Processing
Maintaining legal status during the processing of an H&C application is extremely important.
Failing to maintain status can create additional complications, including:
enforcement risks
loss of eligibility for certain programs
reduced credibility in ongoing immigration applications
For many families, visitor record extensions serve as a critical bridge that allows them to remain in Canada lawfully while their humanitarian application is assessed.
Request Submitted to IRCC
Based on the humanitarian circumstances presented, our office requested that IRCC exercise discretion to:
extend the applicants’ visitor status, and
issue a one-year visitor record
This timeframe aligns with the approximate processing period for Stage 1 Approval in Principle in many H&C cases.
Providing temporary status during this time allows families to remain compliant with Canadian immigration laws while their permanent residence application is reviewed.
Final Thoughts: Compassion Within Canada’s Immigration System
Humanitarian and compassionate cases are often among the most complex immigration matters. They require careful documentation, legal analysis, and a compassionate understanding of each family’s circumstances.
By combining:
strong humanitarian evidence
the best interests of a Canadian child
legal arguments based on dual intent
evidence of family and community support
it is possible to present a compelling case for temporary stability while permanent residence is being considered.
At Adriana Ryckman Immigration Consulting, we believe that no detail should be overlooked when advocating for families in vulnerable situations.
