Applicants who are not eligible to apply for permanent residence may consider applying under humanitarian and compassionate grounds. The applications for H&C are filed within Canada by people who do not have valid residence status but still have been inhabitants. These applicants do not have to be subjected to persecution in their home country to be eligible to apply for H&C but may have to endure potential suffering or undue hardships to them or their family. H&C requests are generally applicable in exceptional cases and are scrutinized in case-to-case basis.

Assessment Factors for H&C

• Settlement condition or economic status in Canada
• Family ties or relations to Canada
• Consideration for children involved and their best interests
• What may befall if the request is not granted

Eligibility for Humanitarian & Compassionate Grounds application

• If the applicant is a foreign national currently living in Canada
• If the applicant needs exemption from certain requirements as per Immigration and Refugee Protection Act (IRPA) in the PR Application
• If the applicant has family relations with a Canadian Permanent Resident or Citizen
• If the applicant is studying or employed or studying in Canada without a valid Permit
• If the applicant is involved volunteering support activities in Canada
• If the applicant has savings and properties in Canada
• If the applicant has social ties within a Canadian community or has upgraded language skills

Who are not eligible to apply

• If the person is already a Permanent Resident or Canadian Citizen
• If the decision for H&C Application is pending
• If the person has a negative decision for a Refugee Claim from the (IRB) Immigration & Refugee Board
• If the person has been titled as a Designated Foreign National in last 5 years
• If the person has applied for Pre-Removal Risk Assessment (PRRA)

Designated Foreign Nationals

• a negative decision was made for the person’s Refugee Claim by the IRB
• the person became a designated foreign national
• a negative decision was made on the Pre-Removal Risk Assessment

Removal Orders

Once a removal order is issued, the person may still apply on Humanitarian and Compassionate grounds but must honour the order and has to leave on or before the date issued. The decision will be intimated to the applicant in writing, but it does not guarantee approval on H&C requests. The negative decision cannot be re-appealed but may be referred to Federal Court of Canada in some instances.