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Humanitarian & Compassionate (H&C) Applications

An H&C application is not just another immigration category; it is a request for exceptional relief under Canada’s Immigration and Refugee Protection Act (IRPA). Unlike other pathways, H&C is not a right but a privilege, granted in rare and compelling situations where rigid enforcement of immigration rules would seem unjust in light of a person’s unique circumstances. 

What does the H&C Process Look like?

H&C process at a glance.

Section 25(1) of the IRPA grants immigration officers the discretionary power to approve permanent residence applications from individuals who do not meet the usual requirements of the Immigration and Refugee Protection Act (IRPA). This process allows officers to take into account Humanitarian and Compassionate considerations that may warrant an exemption from the requirements set out in IRPA. H&C applications are fundamentally different from other immigration streams because they hinge on discretion and a holistic assessment of the applicant’s circumstances. In assessing H&C applications officers evaluate not only the personal hardships the applicant would face if required to leave Canada but also their ties to the country, their contributions to the community, and the broader context of their situation.

H&C applicants must present compelling evidence that demonstrates why they deserve to remain in Canada on humanitarian grounds, and the decision-makers are required to look at all relevant factors, including the applicant’s level of establishment in Canada, the best interests of any children affected by the decision, adverse country conditions, and health-related considerations, etc. Each application is unique, and success hinges on the ability to paint a comprehensive picture of the applicant’s circumstances. 

Hardship and H&C applications

Hardship is a cornerstone of any humanitarian and compassionate (H&C) application. It represents the challenges an applicant would face if required to leave Canada and apply for permanent residence from abroad. Historically, hardship was evaluated through the lens of “unusual, undeserved, or disproportionate hardship,” a standard that required applicants to meet a narrow threshold. This approach often resulted in a segmented analysis, where individual factors were weighed in isolation. However, the Supreme Court of Canada’s decision in Kanthasamy v. Canada (Citizenship and Immigration) (2015 SCC 61) marked a significant shift. The Court emphasized that these descriptors should be viewed as instructive rather than prescriptive, allowing for a more compassionate and flexible approach. Officers are now expected to assess the applicant’s circumstances as a whole, avoiding rigid thresholds and focusing on whether the situation merits relief based on its unique details.

The words “unusual and undeserved or disproportionate hardship” should therefore be treated as descriptive, not as creating three new thresholds for relief separate and apart from the humanitarian purpose of s. 25(1).  As a result, what officers should not do, is look at s. 25(1) through the lens of the three adjectives as discrete and high thresholds, and use the language of “unusual and undeserved or disproportionate hardship” in a way that limits their ability to consider and give weight to all relevant humanitarian and compassionate considerations in a particular case.

As such, IRCC officers must avoid reducing hardship to a checklist or viewing individual factors in isolation. Instead, they are tasked with evaluating how various elements interact. The officers are also tasked with assessing:

“…whether, having regard to all of the circumstances, including the exceptional nature of H&C relief, the applicant has demonstrated that decent, fair-minded Canadians would find it simply unacceptable to deny the relief sought.”

While hardship is no longer a standalone test, it remains a critical lens through which H&C applications are evaluated. A compelling application must weave hardship into a cohesive narrative, supported by evidence, that demonstrates why the applicant’s circumstances meet the compassionate objectives of section 25(1) of the IRPA.

H&C Factors

When assessing a humanitarian and compassionate (H&C) application, immigration officers evaluate a wide range of factors to determine whether relief is warranted. These factors, outlined on the IRCC website, include:

  • Establishment in Canada (for in-Canada applications);

  • Ties to Canada;

  • The best interests of any children directly affected by the decision;

  • Factors in the country of origin, including adverse country conditions;

  • Health considerations, such as the inability of a country to provide adequate medical treatment;

  • Family violence considerations;

  • Consequences of family separation;

  • Establishment in Canada due to the inability to leave;

  • The ability to establish in Canada (for overseas applications); and

  • Any unique circumstances that might merit relief.

Holistic Assessment of the H&C Factors

It is crucial to emphasize that this list is not exhaustive. Officers are not confined to these factors and must consider all relevant information provided by the applicant, as well as any other circumstances that emerge during their assessment. Additionally, officers are instructed to take a holistic approach, analyzing the interplay between factors rather than evaluating them in isolation. Decision-makers are asked to approach each case with sensitivity and an understanding of how hardship can manifest uniquely in different circumstances.

in reviewing H&C applications the officers assess

“…whether, having regard to all of the circumstances, including the exceptional nature of H&C relief, the applicant has demonstrated that decent, fair-minded Canadians would find it simply unacceptable to deny the relief sought.”

Assessing H&C Factors

In humanitarian and compassionate (H&C) applications, no single factor can determine the outcome. Immigration officers are not following a checklist to see which criteria are met or unmet. Instead, they are tasked with assessing the application as a whole, considering all relevant circumstances and how they interact.

Best Interests of the Child (BIOC)

Among the factors, the “best interests of any child affected by the decision” holds a unique and prominent place in H&C applications. Section 25(1) of the Immigration and Refugee Protection Act (IRPA) specifically requires officers to consider the impact of their decision on children. This principle ensures that children’s welfare is not overlooked and is given substantive weight in the overall analysis.

Supreme Court in the case of Kanthasamy explained that factors relating to a child’s emotional, social, cultural and physical welfare should be taken into account when raised. Some examples of factors that applicants may raise include but are not limited to:

  • the age of the child;

  • the level of dependency between the child and the [humanitarian and compassionate] applicant or the child and their sponsor;

  • the degree of the child’s establishment in Canada;

  • the child’s links to the country in relation to which the [humanitarian and compassionate] assessment is being considered;

  • the conditions of that country and the potential impact on the child;

  • medical issues or special needs the child may have;

  • the impact to the child’s education; and

  • matters related to the child’s gender.

Adverse Country Conditions

The conditions in an applicant’s country of origin are another critical consideration in H&C applications. Adverse conditions—such as political instability, violence, systemic discrimination, or lack of economic opportunities—can amplify the hardship faced by an applicant.

Adverse country conditions need not directly target the applicant to be relevant. For example, belonging to a marginalized group may expose an individual to systemic inequalities or widespread societal challenges. Similarly, general instability or violence can create an environment where even basic survival is precarious.

At the same time, officers are tasked with balancing these considerations against the availability of redress or relocation within the country of origin. While these options may mitigate certain hardships, they are not always feasible or sufficient to negate the challenges faced by the applicant.

Establishment in Canada

Establishment in Canada is another key consideration in humanitarian and compassionate (H&C) applications, particularly for individuals who have built strong ties to their communities and integrated into Canadian society. The degree of an applicant’s establishment is a reflection of their connection to the country, including their contributions, relationships, and overall ability to thrive within Canadian society. While the concept of establishment is significant, it is not about achieving a “magical threshold” or meeting a predefined set of criteria. Instead, officers must evaluate how the applicant’s removal would disrupt their established life, as emphasized in Truong v. Canada at paragraph 18:

“…it is not about reaching a magical threshold of establishment so as to put an applicant “over the top” but rather about whether the disruption of that establishment weighs in favour of granting the exemption (Sebbe at para 21). There is not necessarily a causal relationship between the two; greater establishment does not always lead to greater disruption and hardship if that establishment is disrupted. I appreciate that some level of disruption is a natural by-product of removal from Canada; however, it is the degree of disruption, not necessarily the level of establishment, that instructs hardship and that needs to be assessed.

Establishment is a multifaceted concept that looks at various indicators of an applicant’s integration into Canadian society. These may include:

Employment and Financial Stability

Applicants who can demonstrate stable employment, financial independence, and sound financial management often strengthen their case. For example, pay stubs, tax returns, and records of professional development can serve as evidence of economic contribution.

Community Involvement

Participation in community organizations, volunteering, religious activities, or local events highlights an applicant’s active role in their community. Letters of support from community members, proof of volunteer work, or memberships in local groups can illustrate these connections.

Family and Social Ties

Strong relationships with family members or friends in Canada can underscore the applicant’s rootedness. These ties often provide emotional and logistical support that would be difficult to replicate elsewhere.

Education and Skills Development

Enrollment in educational programs, completion of courses, or acquisition of professional skills reflects the applicant’s effort to integrate into Canadian society and improve their prospects.

Length of Time in Canada

The longer an applicant has been in Canada, the deeper their roots may be, particularly if they have built a stable life over several years. It is for this reason that often applicants would not apply for the H&C right away.

Health Considerations

Health considerations often form a critical part of humanitarian and compassionate (H&C) applications, particularly when an applicant’s medical needs cannot be met in their home country. This factor goes beyond simply assessing whether treatment is available—it involves examining how the removal would impact the applicant’s overall well-being, taking into account the quality, accessibility, and affordability of care abroad.

Applicants raising health as a factor must demonstrate that they suffer from a medical condition requiring specific treatment and that this treatment is either unavailable or inaccessible in their home country. Evidence typically includes medical reports from qualified professionals detailing the condition, the prescribed treatment, and its importance for the applicant’s health. Additionally, applicants often provide documentation about healthcare conditions in their country, such as reports highlighting deficiencies in the availability or quality of care.

Health considerations also intersect with other elements of H&C applications. For example, the emotional toll of separating from family members in Canada who provide support for the applicant’s condition may exacerbate the hardship of removal. Similarly, an individual undergoing complex treatment in Canada may face severe disruptions if required to relocate, particularly to a country with limited healthcare infrastructure. Courts have consistently held that officers must assess the cumulative impact of removal on the applicant’s health and ensure their analysis reflects the unique challenges posed by medical conditions.

Family Ties and the Consequences of Separation

Family ties play a fundamental role in humanitarian and compassionate (H&C) applications, particularly when removal would disrupt family unity. The emotional, psychological, and practical consequences of separating an applicant from their family members in Canada are critical considerations, often intertwined with other factors such as the best interests of children and establishment in Canada.

Family ties are not only about proximity but also about the depth and significance of the relationships involved. For instance, an applicant who provides care for an elderly parent, supports a spouse emotionally or financially, or is a primary caregiver for young children demonstrates connections that extend beyond mere presence.

The consequences of separation can be far-reaching. Beyond the immediate emotional toll, removal can strain family dynamics, disrupt caregiving arrangements, and create significant practical hardships. For instance, a parent’s removal may leave children in a vulnerable position, both emotionally and logistically, particularly if alternative caregiving options are limited or inadequate.

Unique or Exceptional Circumstances

At the heart of many H&C applications are unique or exceptional circumstances—situations that fall outside the traditional framework but demand relief in the name of fairness and compassion. These circumstances often act as the unifying thread that ties together the various factors in an application, demonstrating why the case, as a whole, warrants an exemption under s.25(1) of the Immigration and Refugee Protection Act (IRPA).

Exceptional circumstances are deliberately broad and can encompass a range of situations, such as:

  • Traumatic experiences, such as surviving domestic violence or severe injury in Canada;

  • Unforeseen barriers to returning to the country of origin, such as political upheaval or the loss of support networks;

  • Extraordinary contributions to Canadian society, which, when paired with other factors, highlight the applicant’s deep connection to the community.

For example, an applicant caring for an elderly parent while managing their own chronic illness may demonstrate how unique circumstances amplify the hardship and disruption that removal would cause. The role of exceptional circumstances is to bring together the applicant’s story, illustrating how individual factors interact to create a compelling case for relief.

 

What does the H&C process look like?

 

Preparation of the Application

Start by scheduling an initial consultation with an immigration lawyer to assess your situation. During this meeting, the lawyer will help determine if pursuing a Humanitarian and Compassionate (H&C) application is the right option for you and evaluate your chances of success based on your circumstances. If H&C is appropriate, the next step involves preparing a compelling narrative and gathering supporting materials, such as documentary evidence and psychological assessments. You will then work closely with your lawyer to finalize the application by drafting written submissions, affidavits, and completing the necessary immigration forms.

Stage 1 H&C assessment

During the Stage 1 H&C assessment the Officer at IRCC will determine whether sufficient grounds exist to merit relief and whether you should be allowed to stay in Canada based on the humanitarian and compassionate considerations. This is perhaps the stage where most H&C applications fail.

Stage 2 H&C Assessment

Once it has been determined that you should be allowed to stay in Canada based on humanitarian and compassionate considerations, the officer will proceed with the remaining assessments, including admissibility and background checks. Once this assessment is completed you will get a final decision on your H&C application.

in reviewing H&C applications the officers assess

Humanitarian and compassionate (H&C) applications are among the most complex and demanding immigration processes in Canada. They require not only a deep understanding of the law but also the ability to craft a compelling narrative that weaves together evidence, legal principles, and human experiences. The success of these applications depends on demonstrating that the applicant’s circumstances warrant exceptional relief, a high threshold that is far from easy to meet.

One of the greatest challenges with H&C applications is their holistic nature. Unlike other immigration streams with clear criteria, H&C decisions depend on how well the applicant’s story is presented and whether it aligns with the humanitarian and compassionate objectives of the law. This requires careful preparation, thorough evidence gathering, and a strategic approach that highlights the interplay of hardship, family ties, establishment, and other factors. The application must stand as a cohesive and persuasive argument, leaving no room for doubt about why relief should be granted.

Given the complexity and high standard of H&C applications, it is strongly recommended to seek professional legal assistance. An experienced lawyer can guide you through the process, help you gather the necessary evidence, and craft a submission that meets the high threshold required. Preparing an H&C application is not just about filling out forms—it’s about building a comprehensive case that reflects your unique circumstances and explains why your situation merits relief under the law.

Why you should hire a lawyer to assist with your H&C application to Canada?

At Holthe Immigration Law we work with clients on a Collaborative Review Model, where we walk hand-in-hand through the process from start to finish - we find this to be the most workable and efficient way to prepare H&C applications.

With our Direct Lawyer-to-Client collaboration and our unique collaborative review model, you do the technical work of collecting the documents and entering your information into the drafts of the immigration forms. At the same time, our law firm does the legal work. We work directly with you in collecting the information and drafting the written submissions. We also assist you throughout the process, review your documents, correct and check the immigration forms, and address any legal challenges you may have down the road.

The process of preparing an H&C application is not merely about gathering evidence; it’s about building a strategy. The applicants and lawyers at HIL work hand in hand, with the lawyers guiding the applicants on what documentation is needed—such as medical records, letters of support, proof of employment, or country condition reports—and how it will strengthen the case. Our lawyers will help you articulate your story in a way that resonates with the humanitarian goals of the application. This involves presenting the facts not as isolated details but as part of a cohesive narrative that demonstrates why denying the application would result in undue hardship or injustice.

Without this collaborative approach, there is a risk that some factors may not be fully explained or adequately supported. H&C applications are nuanced, and missing even a small detail can leave questions unanswered, potentially undermining the case. The lawyer’s ability to see the bigger picture, combined with the applicant’s detailed contributions, ensures that the submission is both compelling and complete.

Frequently asked questions

You probably still have many questions about H&C Application process

We’ve got some answers for you here:

  • An H&C application allows individuals who do not meet standard immigration criteria to request permanent residency in Canada based on exceptional humanitarian and compassionate grounds. This process considers factors like establishment in Canada, family ties, and potential hardship upon removal.

  • Foreign nationals currently in Canada who need an exemption from specific immigration requirements to apply for permanent residence may be eligible. Applicants must demonstrate compelling reasons justifying the exemption and are not eligible under other immigration classes.

    • Establishment in Canada (for in-Canada applications);

    • Ties to Canada;

    • The best interests of any children directly affected by the decision;

    • Factors in the country of origin, including adverse country conditions;

    • Health considerations, such as the inability of a country to provide adequate medical treatment;

    • Family violence considerations;

    • Consequences of family separation;

    • Establishment in Canada due to the inability to leave;

    • The ability to establish in Canada (for overseas applications); and

    • Any unique circumstances that might merit relief.

    It is crucial to emphasize that this list is not exhaustive. Officers are not confined to these factors and must consider all relevant information provided by the applicant, as well as any other circumstances that emerge during their assessment. Additionally, officers are instructed to take a holistic approach, analyzing the interplay between factors rather than evaluating them in isolation.

  • No, individuals with a pending refugee claim are not eligible to apply for H&C consideration. You must withdraw your refugee claim before your Immigration and Refugee Board (IRB) hearing to be eligible.

  • If you have legal status in Canada that permits employment, you may continue to work while your H&C application is processed and while you have legal immigration status. If you lack such status, you may need to apply for a TRP or work permit, which is subject to approval.

  • Success rates for H&C applications depend on the strength of the case and the evidence provided. Demonstrating strong establishment in Canada, significant hardship upon removal, and the best interests of any children involved can enhance the likelihood of approval. H&Cs are highly discretionary applications and it’s impossible to predict the chance of success with any given application.

  • Yes, you can include your spouse or common-law partner and dependent children in your H&C application. Each family member must meet eligibility criteria, and their circumstances will be considered in the overall assessment.

  • If your H&C application is refused, you may have the option to seek judicial review of the decision in Federal Court. It’s essential to consult with an immigration lawyer to explore available options and next steps.