Humanitarian & Compassionate (H&C) Applications

This is, without a doubt, the most discretionary type of an immigration application that exists under the Immigration and Refugee Protection Act.  Your chances of success will depend, to a large extent, on skillfully and creatively crafted written submissions as well as varied and all-encompassing documentation in support of your application. Both of these aspects are best handled by an experienced immigration lawyer.

There are essentially 2 aspects to the H&C application. First of all, since H&C cases are almost always filed by failed refugee claimants, your narrative can be incorporated into the application outlining, once again, your history of harassment and discrimination in home country. However, unlike at the refugee hearing or in the PRRA application (please see Pre-Removal Risk Assessment), your story will not be assessed from the perspective of “persecution” or “personalized risk,” but rather, from the lower threshold of “hardship.” As a result, in many – in fact most cases – the risk you are claiming is more relevant for an H&C application rather than a PRRA application.

Secondly, your establishment in Canada – namely your economic and social ties to the country – is carefully assessed as well. The more documents you can gather in this regard, the stronger is your application. Letters from employers (current and previous); financial documentation (Notices of Assessment, Bank Account statements, etc.); letters from friends or relatives in Canada (Citizens or Permanent Residents); letters from charitable or religious organizations confirming your involvement in the community are strongly recommended. Finally, if you have either Canadian or foreign-born children, all of the factors relating to their “Best Interests” must be carefully set out in the submissions as this is a paramount consideration in an H&C application.

Unfortunately, the H&C application process takes a considerable period of time (on average approx. 3 years). However, throughout that time, you can keep updating your application to make it even stronger. You will be usually informed when the officer is ready to make a decision when you receive the so-called “30 day rule letter” providing you with the last opportunity to update your application.

Once again, an application that is put together with skill and creativity stands the best chances of success. An experienced immigration lawyer is therefore strongly recommended. Over the last 6 years I have crafted over 100 of such H&C applications and updates. I can therefore assure you that I can provide you with the type of advice and service which will significantly improve your likelihood of success.