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H&C Applications
H&C Applications
Facing Hardship in Canada? Can You Stay on Humanitarian Grounds?
If you’re experiencing exceptional hardship or circumstances that prevent you from returning home, H&C applications offer a pathway to permanent residency. We navigate complex legal exemptions to help you build a future grounded in safety and stability.
Immigration relief for those with no other immigration pathway in Canada but compelling reasons to stay.
For individuals in Canada who do not qualify under conventional immigration streams, an H&C application may provide a potential pathway to permanent residency. This option is designed for those who, despite lacking legal status or meeting standard eligibility criteria, face extraordinary personal circumstances that warrant an exemption under Canadian immigration law.
H&C applications are assessed under Section 25(1) of the Immigration and Refugee Protection Act (IRPA), which grants immigration officers the discretion to consider factors such as:
Exceptional hardship, compelling humanitarian factors, or deep roots in Canada. While the legal threshold is high, a well-prepared application can persuade immigration officers to grant permanent residence despite technical inadmissibility or ineligibility.
Who Might Qualify for an H&C Application?
- Individuals denied refugee status but facing serious hardship or risk if returned.
- Parents of Canadian-born or resident children who would suffer harm if separated.
- Long-term residents contributing to Canada without legal status.
- Those with serious medical needs not treatable in their home country.
- Applicants with past minor convictions who show rehabilitation and strong ties to Canada.
- People ineligible under standard immigration programs but deeply rooted in Canada.
- Individuals seeking exemptions due to exceptional humanitarian circumstances.
FAQs
How long does it take for an H&C application to be processed?
The processing time for an H&C application can vary widely. It generally takes several months to over a year for a decision to be made.
Can my family be included in my H&C application?
Yes, if you are applying for an H&C application, you may include your immediate family members, such as your spouse or children.
Can I work while my H&C application is being processed?
Yes, if you are already in Canada and have a valid status which allows you to work, you may continue to work while your H&C application is processed.
Can I apply for an H&C application if my refugee claim was refused?
Yes, you can apply for a H&C even if your refugee claim was refused, provided you meet the exceptions and conditions outlined under Canadian immigration law.
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