Kul Immigration

Humanitarian & Compassionate Application

Applying for H & C in Canada is an exceptional measure in Canadian Immigration law towards permanent residency when no other immigration pathways are available. In other words, H & C is considered a last resort for individuals with exceptional cases seeking permanent residence in Canada.

H & C applications are assessed under Sections 25 and 25.1 of the Immigration and Refugee Protection Act (IRPA), ensuring fairness for individuals facing extraordinary situations.

A foreign national has to wait for 12 months after the IRB-RPD or IRB-RAD reject your refugee claim, or if you have withdrawn or abandoned your refugee claim.

Humanitarian and Compassionate considerations like significant hardships, health risks in your country, family ties, etc. are the key factors accessed by IRCC on an individual basis.

Who may apply for PR on H&C grounds from within Canada?

You may apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:

are a foreign national currently living in Canada;
need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada;
believe humanitarian and compassionate considerations justify granting the exemption(s) you need; and
are not eligible to apply for permanent residence from within Canada in any of these classes.
Spouse or Common-Law Partner; Live-in Caregiver; Caregivers: caring for children or people with high medical needs;
Protected Person and Convention Refugees; and Temporary Resident Permit Holder

Authority to approve PR application on H&C grounds :

IRP Act gives the Minister of IRCC under Sec 25(1) to approve all PR applications based on H&C grounds. He delegates this authority to Immigration officers/Visa officers who process and make a decision/approve such applications.

No Appeal if application for PR on H&C grounds is refused :

If your application for PR on H&C grounds is refused by IRCC, there is no appeal right to lAD. You may apply for reconsideration to the Minister of IRCC in appropriate cases.

IAD has jurisdiction to consider H&C grounds as part of other eligible appeals :

Applications for PR on H&C grounds refused by IRCC cannot be appealed. However, an appellant at IAD on any eligible appeal i.e. loss of PR due to residency obligation appeal, removal order appeal, family sponsorship appeal etc. may request IAD for H&C considerations to be applied to their case. IAD has the jurisdiction to consider H&C grounds in such cases.

Humanitarian And Compassionate (H & C) Application

Humanitarian & Compassionate Application

Who may apply for PR on H&C grounds from within Canada?

Authority to approve PR application on H&C grounds :

No Appeal if application for PR on H&C grounds is refused :

IAD has jurisdiction to consider H&C grounds as part of other eligible appeals :

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