Humanitarian and Compassionate Applications in Canada: What Matters

Humanitarian and Compassionate (H&C) consideration is a discretionary process that may allow a foreign national in Canada to request permanent residence, or an exemption from certain immigration requirements, when their individual circumstances justify special consideration. It is an exceptional measure rather than simply another way to obtain permanent residence.

An H&C application can involve factors such as establishment in Canada, family relationships, the best interests of children affected, and the consequences the person may face if the requested relief is not granted. The strength of an application depends on the individual circumstances and the evidence supporting them, not on any single factor considered in isolation. 

Immigration and refugee history can also affect whether H&C is available and when an application may be made. A person with an outstanding refugee claim cannot apply for H&C while that claim remains pending, and certain rejected, abandoned or withdrawn refugee claims can create a 12-month restriction, subject to specific exceptions. H&C is also distinct from refugee protection and does not assess protection risks in the same way as a refugee claim or PRRA. 

BVI can review the existing record, relevant circumstances and supporting evidence to identify the issues that may require professional attention before deciding how to proceed. If you need an individualized review, consider a Professional Immigration Case Assessment.

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