Humanitarian and Compassionate

Humanitarian and Compassionate (H&C) applications to stay in Canada are the last resort to stay in Canada for a person who has lost status with no other way of regaining it and who seeks to remain in Canada. Situations where this may happen may include:

  • A failed refugee claimant who has no further right of appeal;

  • A permanent resident who lost status due to criminal convictions and lost all further right of appeal;

  • A person who came as a temporary resident (student, worker, visitor), but never left Canada even years after her status expired;

H&C applications are exceptions. They are difficult applications that ask officials acting for the Canadian government to grant you permanent residence in Canada by considering your case unique and deserving of humanitarian and compassionate treatment. This amounts to an assessment of how deeply your life is part of Canada as well, as how much hardship you would face would have by being sent to your country of origin. Strong connections include:

  • having family in Canada;

  • having Canadian born children;

  • involvement in the community, including religious and cultural organizations or other volunteer organizations;

  • involvement in economic life in Canada

Hardship if you are removed to your country of origin include:

  • separation from children;

  • mistreatment or abuse by government due to race, religion, political opinion disability or other kinds of discrimination;

  • mistreatment or abuse by other people or groups in your country of origin who your government cannot protect you from;

  • loss of community and culture and no replacement of it in your country of origin.

Succeeding on these applications involves putting forward very detailed applications with supporting evidence to tell your story. Often, it does not make sense to make the application until such documentation can be put together. But you should also not  unnecessarily delay or wait because that can be counted against the application. There is a lot to consider in making a good H&C application. It may be an your last chance to remain in Canada.  You should contact a lawyer for assistance.

If an H&C application makes sense in your case, Asaf will work with you to try and put together a thorough application. 

Contact Asaf for a consultation.The first 30 minutes is free.