Applying for permanent residence on humanitarian and compassionate (H&C) considerations is a complex process that typically involves demonstrating that you have exceptional circumstances that would justify your application outside the standard requirements for immigration.
Humanitarian & Compassionate Considerations (H&C)
Requirements
DavyLaw offers professional assistance to navigate the complexities of H&C applications, ensuring your unique situation is compellingly presented.
Process
01. Initial Consultation
We begin with a confidential consultation to understand your personal situation and the challenges you face. Our team will assess whether an H&C application is the right path for you and explain the process, eligibility criteria, and what evidence will be needed to support your case.
02. Case structuring & Legal Narrative
Because every H&C application is deeply personal, we tailor your case strategy to reflect the full picture of your life in Canada and the hardship you would face if required to leave. Our team at DavyLaw works closely with you to build a compelling legal narrative that highlights your establishment in Canada, best interests of any children involved, health conditions, community support, and any risk or hardship factors relevant to your country of origin. We collaborate with you to gather persuasive supporting documents such as personal statements, letters from community members, medical reports, psychological assessments, police clearances, and other materials to substantiate your claim.
03. Document collection & Preparation
This stage is critical to the success of your H&C application. We provide you with a detailed document checklist and guide you step-by-step through gathering and organizing all necessary evidence. Our team carefully reviews each document for accuracy, consistency, and relevance, ensuring your application package is thorough and presented in a clear, respectful, and professional manner. We may also assist in obtaining affidavits, translating documents, and securing expert reports if needed to strengthen your case.
04. Submission to IRCC & Ongoing Support
Once your application is finalized and reviewed, we submit it to Immigration, Refugees and Citizenship Canada (IRCC) along with detailed legal submissions outlining the merits of your case. After submission, our team continues to monitor your file and liaise with IRCC as needed. In some cases, applicants may be contacted for an interview or to provide additional documentation—we guide you through this process and prepare you thoroughly, should this occur.
05. Landing Process & PR Confirmation
If your application is approved, you will receive instructions to attend a landing interview at a local IRCC office. During this interview, your identity and eligibility will be confirmed, and you will receive your Confirmation of Permanent Residence (COPR). Our team will assist you in preparing for this step and advise you on next steps, including your rights and obligations as a new permanent resident of Canada.
Frequently Asked Questions
Humanitarian and compassionate grounds refer to exceptional circumstances that justify granting an individual permanent residence status despite not meeting standard immigration criteria. Factors considered include the applicant’s establishment in Canada, family ties, best interests of any children involved, and potential hardships upon returning to their home country.
No, you cannot apply for H&C consideration if you have a pending refugee claim. If you wish to pursue an H&C application, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
Yes, you can include eligible family members in your H&C application. Each family member included must meet the necessary requirements, and additional fees will apply for each person.
Yes. Children up to and inclusive of 22 are considered “dependent” and can be included in the application.
There is no such requirement. However, having lived and worked in Canada will assist you in showing the necessary ties to the country which may strengthen your H&C case. Contact us to find out more about the H&C program.
Submitting an H&C application does not automatically grant you the right to work or study in Canada. You must apply separately for a work or study permit and meet the eligibility criteria for those permits.
Applying on H&C grounds is a complex process, and a refusal could impact your status in Canada, especially if you have no other legal status. It’s crucial to present a well-prepared application and seek professional advice to mitigate potential risks.
Do not give up. We will request an explanatory letter regarding your application. After examining the letter, we will begin building a new case and try again or apply for an appeal.
While there is no formal financial requirement for an H&C application, IRCC does consider whether an applicant is likely to rely on social assistance if granted permanent residence.
At DavyLaw, we include evidence to demonstrate that you are financially independent—whether through salaried employment, self-employment, or other lawful income. We provide supporting documents such as pay stubs, business records, tax filings, and reference letters to show that you are able to support yourself and will not be a burden on Canada’s social welfare system. This strengthens your application and shows that you are wellestablished in Canada.
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