Humanitarian and Compassionate Grounds Application
Individuals who may not be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds. What warrants relief will vary depending on the facts and context of the case, but officers making humanitarian and compassionate determinations must substantively consider and weigh all the relevant facts and factors before them; there must be a global assessment of all the relevant factors;
- how settled the person is in Canada
- general family ties to Canada
- the best interests of any children involved, and
- what could happen to you if we do not grant the request.
The standard to be applied is set out in subsection 25(1): whether relief is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
RULES FROM CIC
- You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
- You cannot have more than one humanitarian and compassionate grounds application at the same time.
- We will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
- You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
- You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:
- you have children under 18 who would be adversely affected if you were removed from Canada, or
- you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.
Our Legal Services
As your legal representative, Eastman Law Office will prepare your Humanitarian and Compassionate Grounds Application from start to finish ensuring that it is thoroughly prepared and well supported with an abundance of documentary evidence establishing that you have met all of the requirements set out in the Citizenship Act and its regulations. We work with you to make certain that your application has the best possibility of being approved.
Once your application is submitted Citizenship and Immigration Canada all future correspondence and communications pertaining to your application directly will be sent to Eastman Law Office. Our law office will continue to be your legal representative until a final determination is made on your Humanitarian and Compassionate Grounds Application. Should any issue arise in the processing of your Humanitarian and Compassionate Grounds application, Eastman Law Office will address it immediately.
Call Eastman Law Office at (905) 451-1550 or e-mail us at firstname.lastname@example.org to have our law office prepare and submit your Humanitarian and Compassionate Grounds application.