HUMANITARIAN AND COMPASSIONATE

A PATHWAY FOR INDIVIDUALS WITH EXCEPTIONAL CIRCUMSTANCES

People who are typically ineligible for permanent residency in Canada may have the opportunity to apply under humanitarian and compassionate grounds. These grounds are intended for individuals with exceptional circumstances, and IRCC reviews each application individually.

Who May Apply Under Humanitarian And Compassionate?

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 to apply for permanent residence within Canada

Are not eligible to apply for permanent residence within Canada under any other immigration class, but believe that your circumstances justify H&C considerations for the granting of PR

You cannot apply for humanitarian and compassionate grounds until five years have passed since:

Spouse or Common-Law Partner;
Economic;
Protected Person and Convention Refugees;
Temporary Resident Permit (TRP) Holder.

Note: Foreign nationals who wish to immigrate to Canada are required to apply for and obtain a permanent resident visa from outside of the country. Foreign nationals do not have the right to apply for permanent residence from within Canada unless they fulfill the requirements of an in-Canada immigration class.

Note: If you are under a removal order and decide to submit an application for permanent residence based on H&C, it will not delay your removal from Canada. You must leave on the specified removal date. IRCC will continue to process your application and will notify you of the decision in writing.

Exemptions

To be eligible for an exemption from the standard requirements of IRPA, you must:

Clearly specify the particular exemption(s) you are seeking in your application.
Include all relevant details regarding your request, along with the reasons you believe the exemption(s) should be granted on humanitarian and compassionate grounds.
Demonstrate that there are strong and convincing reasons for granting you an exemption, enabling you to apply for permanent residency from within Canada.

Key Factors Considered by IRCC

The humanitarian and compassionate grounds are intended for individuals with exceptional circumstances, and IRCC reviews each application individually.

The applicant's level of settlement in Canada

Family connections within Canada

The best interests of any children involved

Potential consequences if the application is denied

Examples of the factors that may be considered include, but are not limited to:

Establishment in Canada
An inability to leave Canada that has led to establishment
Ties to Canada
Best interests of any children affected by your application
Health considerations
Family violence considerations
Consequences of your separation from relatives
Factors in your country of origin (not related to seeking protection)
Any other relevant factors you wish to have considered that are not related to seeking protection.

Inadmissibility

If you or a family member is inadmissible to Canada, it is highly recommended that you address this inadmissibility before applying for permanent residency. For instance, if you are inadmissible because of a criminal conviction, you may qualify to apply for rehabilitation or a record suspension.

Reasons for inadmissibility include but are not limited to:

Criminality,
Health grounds,
Financial reasons,
Misrepresentation.

If you’re dealing with exceptional circumstances and seeking a path to stay in Canada, applying under Humanitarian and Compassionate (H&C) grounds could be your opportunity. Our team is here to guide you through every step, ensuring your application clearly reflects your story.

HOW TO APPLY

01

Get Your Documents Ready

Use the Document Checklist [IMM 5280] to assist you in gathering the necessary documentation. You must provide evidence that will support any statement you make on your application. Include any additional supporting document(s) explaining your hardship, best interests of a child, or any other factor you may want considered.

All the documents must be in English or French. If any document is not in English or French then you must get it translated through a certified translator. If they are not by a certified translator then an affidavit is required from the person who completed the translation.

Police Certificates
If you and your family members are 18 years of age and older and aren’t permanent residents or Canadian citizens, you must provide a valid police certificate for any country other than Canada in which you spent 6 or more months in a row since the age of 18.

Medical Requirements
You and your family members must undergo an immigration medical exam (IME) in order to become a permanent resident of Canada. You and your family members must not have a health condition that:

Is a danger to public health or safety, or
Would cause excessive demand on health or social services in Canada.

02

Complete Application

You must fill and submit the following forms online

Generic Application Form for Canada (IMM 0008)
Schedule A – Background/Declaration (IMM 5669)
Additional Family Information (IMM 5406)

Note: Complete all sections. If a section does not apply to you, write “Not Applicable” or “NA”. If your application is incomplete it may be returned to you and this will delay the processing of your application.

The processing fee must be included with your application. Pay the right of permanent residence fee ($575) to avoid delays. Below is the fee table for reference purposes.

Pay The Fees

03

Application (per person)	$CAN
Your application Processing fee ($635) and right of permanent residence fee ($575)	1,210
Your application (without right of permanent residence fee)	635
Include your spouse or partner Processing fee ($635) and right of permanent residence fee ($575)	1,210
Include your spouse or partner (without right of permanent residence fee)	635
Include a dependent child	175
Biometrics fees	$CAN
Biometrics (per person)	85
Biometrics (per family) (2 or more people) Maximum fee for a family of 2 or more people applying at the same time and place	170

Note: If you do not pay the full fees for your application(s), IRCC will return your application.
To pay your fees for your application you’ll need:

A valid email address;
A credit card, Debit MasterCard® or Visa® Debit card.

04

Submit Your Application

To help make sure the application can be processed as quickly as possible:

Answer all questions
Electronically sign your application (type your full name exactly as shown on your passport)
Include your processing fee receipt
Upload all the supporting documents

Note: Make sure you use and submit the Document Checklist (IMM 5280) along with your application forms and supporting documents.

AFTER YOU APPLY

The following table outlines the type of communication that you may receive from IRCC as a result of submitting your application.

If your application is received and properly completed

Your application will be processed

If your application is received incomplete

Your application will be returned to you.

If your application is approved

IRCC will inform you in writing and provide further information on the next steps to proceed to obtain your permanent residence status.

If your application is refused

IRCC will inform you in writing.

If your application is received with insufficient or non-payment of fees

IRCC will not process your application and it will be returned to you with further instructions.

Get Exceptional Service from Canada’s Leading Immigration Firm

Contact Asteco today to start your application and extend your journey in Canada!