Humanitarian & Compassionate Cases

Individuals who do not qualify for immigration to Canada but who suffer significant hardship because of that can apply to immigrate under the humanitarian and compassionate (H&C) class. An H&C application is usually made by:

• persons in Canada who would face significant hardship if they had to leave Canada.
• persons outside Canada who do not qualify for immigration but who face significant hardship.

There is no formula for success in making H&C applications, but your chances of success are increased if you have significant ties to Canada such as children or family members in Canada, or have lived in Canada for a significant amount of time. Successful in-Canada H&C cases usually involve:

• parents who are in Canada and are significantly dependent on their Canadian children for financial and emotional support.
• failed asylum seekers who have spent several years in Canada waiting for deportation and who have strong family ties, including spouses and small children, and no criminality or health issues.

It is important to note that you do not have a right to wait in Canada while your H&C application (or your PRRA application) is being processed. If you want to stay in Canada while your H&C or PRRA is being processed you will have to file a judicial review application with the Federal Court of Canada.

We are available to assist with H&C applications and we invite you to contact our office to learn more about our services.