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Humanitarian and Compassionate Applications (H&C)
Humanitarian and Compassionate applications are Canadian permanent residence applications that are submitted from within Canada. This program is for people who do not have legal status in Canada but who have still made Canada their home. Under H & Cs applications, Immigration officers do not ready approve these applicants unless the applicant demonstrates that he or she will suffer hardship in their home country and have established themselves in Canada. Making a very strong and compelling case is vital for a successful outcome because there is no right of appeal for a refused application for permanent residence on humanitarian and compassionate grounds. Applicants may make submissions on any stern facts affecting their personal circumstances that they consider are relevant to their request for H&C consideration.
CONSIDERABLE FACTORS FOR H&C APPLICATIONS
H&C grounds apply to applicant with exceptional cases. Applications to become a permanent resident based on H&C grounds are assessed on a case-by-case basis. Various factors are:
Establishment and family ties to Canada in their communities
Hardship of return to country of origin;
Savings and property in Canada
Best interests of a child involved
Public Policy considerations;
health considerations;
any other relevant factor applicant believes to have considered not related to a fear of return based on refugee determination factors.
ELIGIBILITY FOR H&C APPLICATIONS
Foreign nationals who are inadmissible or who do not meet the requirements of the Act or Regulations may make a written request for humanitarian and compassionate grounds (H&C) under A25(1). Applicants is eligible to apply if:
is a foreign national currently living in Canada; and
need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada; and
believe to face unusual and undeserved or disproportionate hardship if not granted the required exemption; and
is not eligible to apply for permanent residence from within Canada in any of these categories: