UCIC | HUMANITARIAN AND COMPASSIONATE GROUNDS

If the applicant is in Canada. IRCC will consider how settled the applicant is in Canada and the amount of time you have lived in Canada. IRCC will consider factors such as a stable employment history, how well you have integrated yourself into their community through community organizations, volunteer, or other various activities.
Factors related to current immigration or citizenship status of yourself and your family member. IRCC will consider your family ties to Canada; if a lengthy separation of family members will cause undue hardship and if your removal will have an effect on your family members who have legal status in Canada.
Factors related to the applicant’s country of origin. Some considerations would be if there are any family members back in your home country, your ability to speak the language of your country of origin, the amount of time you have previously spent/lived in your country of origin, or if there are any adverse conditions in your country of origin.

Factors related to an applicant experiencing Family Violence. Those who are in abusive or violent relationships or situations, such as spouses who may feel compelled to stay in an abusive relationship or situation so they may remain in Canada, or those who may have left the abusive relationship.
Health and medical considerations that would arise if your country of origin does not have the appropriate health or medical care that can treat a serious or life-threatening medical condition that you or your dependents may have.
What could happen to you if IRCC does not grant the request. IRCC will consider the likelihood of hardships that would occur should you stay in your home country, or if you were to return to your country of origin (if you are in Canada).
Best interest of any children involved. Immigration Legislation cites a statutory obligation to take into consideration the best interests of the child when examining and deciding the circumstances of a foreign national making a H&C Application. Thus, all potential physical and psychological impacts onto the children must be taken into consideration.

If you are a Canadian Citizen or Permanent Resident.
If you have a pending refugee claim that is currently in process with the Immigration and Refugee Board of Canada (IRB). If you wish to apply for H & C, you must withdraw your refugee claim before your IRB hearing.
If you have received a negative decision on your refugee claim within the last 12 months. This is known as the ‘one year bar.’ If your refugee claim has been abandoned or withdrawn, you are also subject to this ‘one year bar.’

However, this one-year bar DOES NOT APPLY if:

- You have minor children (Under 18 years of age) who would be adversely affected if you were removed from Canada, or
- Either yourself or one of your dependents suffers from a life-threatening condition that cannot be treated in your home country

You have submitted an H&C application for which a decision has not been made. A person cannot have more than one H & C applications at the same time
If you became a designated foreign national within the last 5 years. A designated foreign national is a group of people who enter or try to enter Canada in a way that is against the law. This is considered irregular arrival and certain rules and restrictions will apply to the designated foreign national.
If you applied for humanitarian and compassionate grounds and then became a designated foreign national, your humanitarian and compassionate grounds application will be suspended for five years from the date:
- you were designated, or
- of a negative decision from the IRB, or
- of a negative Pre-Removal Risk Assessment decision.

Letters from family members in Canada
Letters from friend and the community, illustrating ties to the community and your role is an integral part of society.
Letter from religious organizations, volunteer groups
Proof of employment or job offer
Evidence that demonstrates hardship in your country of origin
Information about your children and their education in Canada
Documents for proof of children’s education, such as report cards, participation certificates for extracurricular activities
Medical records
Bank records
Police reports in instances of family violence

Being established or settled in Canada
Whether you have children or other dependents living with you in Canada that would be affected
Having any physical or mental health concerns
You have a family relation to Canadian citizens or permanent residents
Employment in Canada (even without a valid work permit)
Efforts you have made to improve your education or skills in Canada.
You have done volunteer work in Canada
Proficiency in English or French and your efforts made to improve your language skills
Financial savings and property in Canada
Social ties to Canada and your community
You would experience severe hardship or difficulties if you returned to your home country
If you are a woman, the difficulties you would face in your home country because of your gender

If you would like to get more information about the H & C Application Process, contact our office for further information.