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Humanitarian and Compassionate Grounds
H&C applications allow people to apply for permanent residence from within Canada based on humanitarian and compassionate considerations when they would face unusual hardship if required to leave.

Humanitarian and Compassionate (H&C) Applications – A Pathway to PR in Canada

Not everyone qualifies for permanent residency through economic, family, or refugee programs. For individuals facing exceptional hardship if required to leave Canada, Immigration, Refugees and Citizenship Canada (IRCC) offers a special option called the Humanitarian and Compassionate (H&C) application. At Sober Immigration, we assist clients in preparing strong H&C applications, presenting their unique circumstances with compassion and expertise.

What is a Humanitarian and Compassionate (H&C) Application?

An H&C application allows foreign nationals in Canada to apply for Permanent Residency based on hardship or risk they would face if forced to leave Canada, best interests of children directly affected by the decision, and strong establishment in Canada, such as long term residence, employment, and community ties. H&C is meant for exceptional cases, not as a shortcut to regular immigration programs.

Hardship or risk if forced to leave Canada
Best interests of children directly affected by the decision
Strong establishment in Canada (long term residence, employment, community ties)

H&C is meant for exceptional cases, not as a shortcut to regular immigration programs

Who Can Apply Under H&C Grounds?

You may apply for H&C if you meet certain criteria:

Living in Canada without legal status, or with an expired permit
Facing removal or deportation from Canada
Unable to qualify under Express Entry, PNP, Family Sponsorship, or other programs
A parent with children who are Canadian citizens or permanent residents
Someone who has built strong community connections and contributions in Canada

Factors Considered in H&C Applications

IRCC officers assess several key factors:

Best interests of children affected by your case
Length of time in Canada and level of establishment
Family ties in Canada
Hardship in returning to your home country (e.g., violence, discrimination, lack of medical care)
Community involvement and contributions to Canadian society
Any other compassionate grounds specific to your situation

Who Cannot Apply Under H&C?

You cannot apply if you meet certain conditions:

Have a pending refugee claim
Had a negative decision from the Refugee Protection Division (RPD) in the last 12 months (unless you have children affected or face a life-threatening medical condition)
Are applying from outside Canada (H&C is only for those inside Canada)

Benefits of an H&C Application

The H&C program offers several advantages:

Offers a pathway to PR when no other program is available
Recognizes unique and exceptional hardship cases
Protects the best interests of children
Can stop removal proceedings in some cases until a decision is made

Documents Required

A strong H&C application typically includes:

Detailed personal statement explaining your circumstances
Proof of time spent in Canada (leases, bills, bank statements)
Proof of family and community ties
Letters of support from employers, teachers, community leaders, and friends
Medical records (if health conditions apply)
Evidence of hardship in home country (news articles, human rights reports)
Children's birth certificates, report cards, and other documents showing impact

Common Challenges with H&C Applications

Applicants often face these challenges:

Weak documentation of hardship or establishment
Not clearly demonstrating best interests of children
Submitting incomplete or inconsistent evidence
Misunderstanding that H&C is not a guaranteed option it's discretionary

How Sober Immigration Helps

At Sober Immigration, we provide comprehensive support:

Provide a confidential consultation to assess eligibility
Draft a strong narrative and legal submission explaining your case
Gather supporting documents and letters of support
Prepare complete and well-structured applications
Assist with H&C-linked cases such as stay of removal, PRRA, and appeals

Why Choose Sober Immigration?

Our expertise in H&C applications includes:

Licensed Canadian immigration consultants with experience in complex H&C cases
Compassionate and professional approach to vulnerable clients
Strong record of success in presenting hardship and establishment arguments
Step-by-step guidance with care and confidentiality

Humanitarian Immigration Advocates

Our H&C team includes compassionate advocates with extensive experience in humanitarian cases, social work backgrounds, and deep understanding of discretionary immigration decisions.

Immigration Lawyers

Expert legal guidance for complex cases

Visa Experts

Specialized knowledge in visa processes

Case Officers

Dedicated support for your application

Why Choose Sober Immigration?

Licensed Canadian immigration consultants with extensive Express Entry experience. Transparent, honest CRS evaluations before you apply. Proven success helping both Canadian residents and applicants abroad.

1

Compassionate Case Advocacy

Expert advocacy for complex humanitarian and compassionate cases

2

Best Interests of Children Focus

Specialized expertise in cases involving children's welfare

3

Complex Case Management

Comprehensive management of multi-faceted H&C applications

FAQs

Frequently Asked Questions

Get answers to common questions about work permits and employment in Canada.

Still Have Questions?

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Common Challenges Applicants Face

Overstating or fabricating hardship circumstances to strengthen H&C case

Examples include:

  • •Present accurate and verifiable hardship circumstances
  • •Focus on genuine personal and family situations
  • •Provide credible evidence and documentation
  • •Avoid exaggeration while highlighting legitimate concerns

Always provide truthful, verified information.

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