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Humanitarian Compassionate Grounds Application

Humanitarian Compassionate Grounds Application

Foreign nationals who are inadmissible or who do not meet the requirements for Permanent Residence may make a written request for consideration under Humanitarian & Compassionate Grounds under subsection 25(1) of the Immigration and Refugee Protection Act. There are some restrictions with respect to examination of applications for H&C consideration.

Individuals who are without status and have been living in Canada for at least 3 years, can potentially get permanent residence on H&C Grounds depending on their circumstances.

Applicants must demonstrate that they would experience unusual and undeserved or disproportionate hardship if they leave Canada. An immigration officer will determine if the reasons and explanations you have provided are sufficient for you to be granted a PR.

Applications on H&C grounds are approved only in exceptional circumstances.

There are several factors that IRCC will consider:

  • Establishment and Ties in Canada.
  • Prolonged stay or inability to leave has led to establishment.
  • Factors related to links with family members.
  • Factors Related to Current Immigration or Citizenship Status.
  • Factors in their Country of Origin.
  • Best Interests of any children involved.
H&C Applications are complex and require legal assistance to ensure that they are handled correctly. If you are in a situation where you are considering applying on H&C grounds, please contact us first for a consultation.
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