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A Humanitarian & Compassionate Application, commonly known as an H&C, is an opportunity for foreign nationals currently inside Canada to present an application for permanent residence based upon their establishment in Canada as well as the hardship of having to apply from overseas. This is a discretionary application that is decided by an inland officer who will determine whether an exemption to the Act is necessary or not under exceptional circumstances.

Our firm has had great success in these applications for parents and grandparents that are here in Canada on a visit visa and will experience hardship in their home country if they have to leave and wait for a sponsorship to be processed from overseas. The parent or grandparent must be willing to wait inside Canada for a decision to be made on the H&C, sometimes taking up to two years. Once approved, the Applicant is processed for permanent residence from within Canada.

Recently, news articles have reported a significant drop in approvals of H&C applications considered during the COVID-19 pandemic (see here). This problematic trend highlights the need to prepare a strong H&C application that goes beyond the basic requirements.  Getting legal assistance with one’s application can ensure that an applicant puts forward their strongest possible case for being granted permanent residence on humanitarian and compassionate grounds.