People who would not normally be eligible to become permanent residents of Canada may be candidates to apply for humanitarian and compassionate (H & C) reasons.
The reasons must be exceptional cases. Applications for permanent residents in the H & C category are evaluated on a case-by-case basis. Factors that are taken into account include:
- How far is the applicant in Canada,
- Family ties in Canada,
- Well being of all the children involved, and
- Consequence to the applicant if the application is rejected
Recent changes in Canada’s immigration law have limited applications in the H & C category. You can only apply for H & C if you are applying for permanent resident status within Canada, or for a permanent resident visa abroad. H & C applications for temporary residents are not considered.
It is not possible to have more than one simultaneous H & C application and risk factors such as harassment, life threat, cruel treatment or punishment will no longer be taken into account if the application was received after June 29, 2010.
It is also not possible to apply for H & C if there is a pending refugee request. (This does not apply to people with pending refugee claims who applied in the H & C category before June 28, 2012.)
If there is a negative decision from the IRB (Immigration and Refugee Board) it is not possible to apply for H & C for a period of 12 months. However, this does not apply if:
- There are children under the age of 18 who would be harmed by the removal of Canada,
or
- Proof that the applicant or one of their dependents suffers from a life-threatening medical condition that can not be treated in the country of origin.
Under Canada’s new law, persons who entered or attempted to enter Canada in a manner that is considered against the law are classified as aliens with irregular entry. Such persons may not apply for H & C until five years have elapsed since they became “designated aliens”, have made a negative IRB decision, have had a negative PRRA decision, or received a deportation order.
H&C can be used in cases of sponsorship from family members who do not fall into this category.