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Humanitarian & Compassionate Application

Application to become a permanent resident of Canada under H & C ground applies to people who would not normally be eligible to do so or to the people with exceptional cases. IRCC evaluates H & C cases on a case-by-case basis considering the factors such as how settled the applicant is in Canada, applicant’s family ties to Canada, the best interests of any children involved and probable consequences to the applicant if the application is rejected.

H & C applications can be made in Canada or abroad. People who have a pending refugee claim cannot apply for H & C consideration unless they withdraw their refugee claim before Immigration and Refugee Board of Canada (IRB) hearing. Furthermore, one cannot apply for H & C if he/she had a negative decision from the IRB within the last 12 months however this “one year bar” does not apply if the applicant has children under 18 who would be adversely affected if he/she was removed from Canada, or applicant have proof that themselves or their dependent suffer from a life-threatening medical condition that cannot be treated in their home country. 

People having a removal order can apply to stay in Canada on H & C grounds if they are not prevented by any applicable restrictions such as the applicant is designated foreign national, has received a negative decision from the IRB or has received a negative Pre-Removal Risk Assessment decision.