Canada Humanitarian Visa

Humanitarian and Compassionate Considerations(H&C)

Under exceptional circumstances, you may apply for an H&C application, and we can guide you. Foreign nationals can apply for H&C considerations under circumstances such as overstay, failed refugee claims, removal orders for misrepresentation or loss of PR status, and also in circumstances relating to medical inadmissibility, criminal inadmissibility and long-term illegal and de facto family members.

For Refugee status claimants, there is a 12-month bar from the time the refugee claim is rejected or abandoned, with exceptions such as if the Best Interest of a Child (BIOC) is being impacted or on medical grounds where the applicant’s life would be at risk because the home country cannot provide adequate health or medical care.

Some of the key considerations in the H& C applications are the degree of establishment in Canada, ties in Canada, best interest of a child, adverse country conditions in the home country, health considerations, family violence considerations, and consequences of separation of relatives, amongst other factors.

Who is Eligible for a Humanitarian and Compassionate Considerations Canada?

The H&C application is open to various individuals who can demonstrate humanitarian or compassionate factors that justify their stay in Canada. There are many considerations to be eligible for H&C application:

How long the applicant is residing in Canada
Difficulties the applicant faces while returning to his/her home country.
The applicant faces family separation
The best interest of the applicant’s children.
Applicants are to suffer under undue hardships if they were to leave Canada
Applicants who can not return to their home country due to the risk of persecution, torture or cruel treatment

Who is not Eligible for Humanitarian and Compassionate Considerations?

While the humanitarian and compassionate program is designed to accommodate exceptional circumstances, certain individuals are not eligible for this type of application. These exclusions include:

Individuals who are deemed to be admissible due to serious criminality or security concerns.
Individuals who are temporary residents in Canada.
The individuals have already filed a refugee claim and are pending.
Individuals who have been denied admission from the Immigration Review Board.
The designated foreign national cannot re-apply until five years have passed.
Individuals who do not provide sufficient evidence to justify their need for humanitarian or compassionate consideration.

Reasons For Applying Under H&C Ground:

The H&C application offers a platform to present compelling reasons why an individual should be granted exceptional immigration relief. A few common grounds for applying under H&C include:

Hardship

Applicants can illustrate hardships they would face if forced to return to their home country. This hardship could encompass economic, social, or educational difficulties significantly impacting their well-being.

Medical hardship

Individuals with medical conditions that require ongoing treatment or care may demonstrate medical hardship. They can provide evidence of limited access to medical facilities, specialized treatments, or support networks in their home country.

Proving hardship

Proving hardship under H&C grounds involves comprehensive challenges and vulnerabilities faced by an applicant due to medical conditions, violence, discrimination or other factors.

Risk

Individuals with fears of persecution, risk to life, torture, or cruel treatment in their home country can present evidence to substantiate their claim for protection under H&C grounds.

Risk of persecution

Applicants can outline specific reasons for fearing persecution in their home country, such as belonging to a targeted minority group, advocating for human rights, or being subject to discrimination.

Children

The presence of children in an applicant's life can contribute to the compelling nature of an H&C application. H&C applications emphasize the best interests of the child, focusing on their safety, well-being and attachment to Canadian society. Factors like their integration into Canadian life, access to education and healthcare and the risk or hardship they may face in their home country are key considerations.

How to Apply for a Humanitarian and Compassionate Application in Canada

To initiate the H&C application process, follow these steps:

Gather all necessary documents and evidence to support your H&C claim.
Complete and sign the H&C application form.
Ensure the form is filled out correctly with all the detailed information about your circumstances and the reasons for your H&C request.
Pay the fee in a timely manner to avoid inconvenience.
Submit the supporting documents and completed application to the IRCC office.
Ensure that your document submission is according to the specific instructions.
Wait for a decision on your H&C application.
You will be notified through the communication method specified in your application.

Faq

Who qualifies for a humanitarian visa to Canada?

Individuals who are facing exceptional and compelling circumstances, such as severe hardship or risk if they return to their home country, are eligible for humanitarian visas to Canada.

How long does it take to get humanitarian and compassionate grounds in Canada?

The processing time for humanitarian and compassionate grounds applications varies depending on several factors. Usually, the processing takes between 24 and 36 months.

Who is eligible to apply for a humanitarian and compassionate visa in Canada?

Eligibility for applying on humanitarian and compassionate grounds is not limited to specific categories. The H&C application is open to various individuals who can demonstrate humanitarian or compassionate factors that justify their stay in Canada

Can I stay in Canada while waiting for H&C?

Yes, you can stay in Canada while waiting for a decision on an H&C application if you have a valid status.

How long does H&C take to get approval in Canada?

The approval time for H&C applications in Canada can vary widely, but it often takes 24 to 36 months to process these cases.

What happens if an H & C application is refused?

If your H&C application is refused, you may be asked to leave Canada. However, you may be able to appeal the decision or explore other legal remedies depending on your circumstances.

How can we help you in getting a Canada humanitarian visa?

At ImmiTrust Immigration, our consultants will help you prepare the right case with solid supporting information and evidence. We also provide guidance on eligibility criteria and documentation and handle all your queries and concerns throughout the application process. Please note that H&C applications do NOT stop or delay removals from Canada. However, if there are compelling grounds, a deferral request can be submitted to CBSA for consideration.