Permanent residence on humanitarian grounds

Do you live in Canada without being eligible to apply for permanent residence under one of the usual immigration categories? Depending on your situation, you may be able to ask Immigration, Refugees and Citizenship Canada (IRCC) to grant you permanent residence on humanitarian and compassionate grounds.

A humanitarian and compassionate application is an exceptional measure. It allows a person who is in Canada to ask to be exempted from certain requirements of Canadian immigration legislation where their personal situation warrants particular intervention. Every file is assessed individually, on the whole of the circumstances presented.

Who can make a humanitarian and compassionate application?

This route may be considered in particular where a person:

• currently lives in Canada
• is not eligible to apply for permanent residence under another appropriate category
• has developed significant ties in Canada
• would face significant hardship if they had to leave the country
• has children who would be directly affected by the decision
• is living through a particular personal, family, medical or social situation
• needs an exemption from a requirement of the Immigration and Refugee Protection Act or its regulations

It is not necessary to hold valid immigration status in order to ask that humanitarian and compassionate considerations be examined. Filing an application does not guarantee that it will be accepted, however, and it does not automatically regularize the applicant's status.

The factors that may be taken into account

A humanitarian and compassionate application must explain precisely why the applicant should be allowed to remain in Canada. It must be accompanied by evidence that is complete, personalized and up to date.

The immigration authorities may examine in particular:

• the degree of establishment in Canada
• how long the person has been in the country
• the jobs held and the stability of the person's employment
• the studies and training undertaken
• ties with family, friends and the community
• community, social, religious or volunteer involvement
• the applicant's financial situation and self-sufficiency
• the consequences of separating a family
• health considerations
• situations of family violence
• the hardship the applicant would face in their country of origin
• any other exceptional or relevant factor

The mere cost or inconvenience of having to leave Canada is generally not enough. It must be shown, through concrete evidence, why the particular circumstances of the file warrant granting an exemption.

The best interests of children

Where a child is directly affected by the decision, that child's best interests must be taken into account.

The analysis may bear in particular on:

• the child's age
• how established the child is in Canada
• the child's schooling and any particular needs
• the child's physical or psychological health
• the child's ties with their parents and with other family members
• the consequences of a separation
• the conditions the child would face in another country
• the concrete effect a refusal would have on the child's development and well-being

The presence of a child does not guarantee that the application will be accepted. It is essential to file precise evidence showing how the child would actually be affected by the decision.

Refugee claimants and applicable restrictions

Some people cannot make a humanitarian and compassionate application immediately.

A person whose refugee claim is still being processed generally cannot file an application on humanitarian and compassionate grounds. In addition, a 12-month bar may apply after a refugee claim has been rejected, abandoned or withdrawn.

Limited exceptions may apply where removal would have direct and adverse consequences for a child under 18, or where a person would face a risk to their life because appropriate medical care is unavailable in their country.

A legal analysis is recommended in order to check whether a person can apply immediately or whether a restriction applies to them.

A humanitarian and compassionate application does not automatically suspend a removal

Filing an application for permanent residence on humanitarian and compassionate grounds does not automatically prevent a removal order from being enforced.

A person who has been given a removal date must quickly have the other remedies that may be available assessed, in particular an administrative deferral request to the Canada Border Services Agency or, where the criteria are met, a motion for a stay before the Federal Court.

Family members

A spouse, common-law partner and dependent children who live in Canada may, in certain circumstances, be included in the application so that their files are processed at the same time.

Every family member must be declared, whether they are in Canada or abroad. Family members living outside Canada generally cannot be included for simultaneous processing in this category, but they must still be declared and examined for admissibility.

Applications made in Québec

If you live in Québec and IRCC approves your application in principle, your file will be sent to the ministère de l'Immigration, de la Francisation et de l'Intégration.

The Government of Québec will then invite you to apply for permanent selection in order to obtain a Québec Selection Certificate. You generally do not need to begin that process with Québec before you have received the appropriate instructions.

How we work with you

A humanitarian and compassionate application rests on the quality of the written submissions and of the evidence filed. Filling in the forms is not enough: a complete picture of the applicant's situation must be presented, showing why the circumstances of the file warrant granting permanent residence.

Our firm can help you in particular to:

• assess your eligibility and the reasonable prospects of your application
• determine which humanitarian considerations matter most in your file
• prepare the forms and the legal submissions
• document your establishment and your ties in Canada
• present the evidence on the best interests of children
• gather medical, psychological, school, employment and community documents
• prepare the personal statements and the letters of support
• explain the hardship you would face if you had to leave
• request the necessary exemptions
• respond to IRCC requests for further information or documents
• update your file as your situation changes
• follow up your application through to the final decision

Refusal of a humanitarian and compassionate application

If your application for permanent residence on humanitarian and compassionate grounds has been refused, we can analyse the reasons for the decision and advise you on the remedies available.

Depending on the circumstances, it may be appropriate to file a new application supported by fuller evidence, or to seek judicial review of the decision before the Federal Court.

The time limits for challenging a decision can be very short. It is therefore important to have the decision analysed quickly.

Rigorous, tailored preparation

Every humanitarian and compassionate application is different. The decision depends on the applicant's personal situation, on the quality of the explanations given, and on the strength of the evidence presented.

Our team supports you clearly and rigorously, in order to present all the circumstances that favour your file and to prepare an application that is complete, coherent and persuasive.