What is a Humanitarian and Compassionate (H&C) Application?
A Humanitarian and Compassionate (H&C) application is a way to apply for permanent residency in Canada. It is for people who may not qualify under regular permanent residency programs.
Who Can Apply?
H&C applications are only for permanent residency. They do not apply to temporary residency, like work permits, study permits, or visas.
If someone applies for a work permit and includes humanitarian reasons, it is still not an H&C application. It is just a work permit application with humanitarian arguments.
Discretionary Nature of H&C Applications
H&C applications are decided at the discretion of the immigration officer. This means the officer has the authority to make a decision based on their judgment.
Grounds for H&C Applications
Establishment in Canada
One reason to apply for an H&C application is “establishment in Canada.” This applies to someone who has lived in Canada for a long time, usually two or more years, and can show they are well-settled.
Examples of being established include:
- Studying or working legally in Canada.
- Renting or buying a home.
- Opening bank accounts.
- Being involved in the community, like attending a mosque, church, or volunteering.
An applicant can argue that it would be unfair to make them leave Canada and go back to their home country.
Best Interest of the Child
Another important reason is the “best interest of the child.” This applies if the applicant has a child who is well-settled in Canada.
Removing the child from Canada could harm them physically, emotionally, socially, or financially. If the child is a Canadian citizen, this makes the argument stronger. However, it also applies to children who are not citizens.
Family Ties in Canada
Family connections in Canada can also support an H&C application. This includes having a child, cousins, aunts, siblings, or other family members in Canada.
Potential Hardships
Another reason could be the hardship the applicant or their children might face if they must leave Canada and return to their home country.
Importance of Credible Arguments and Documentation
For an H&C application to succeed, the arguments must be credible, and there must be proof. Useful documents include:
- Letters from community members, employers, or teachers confirming the applicant’s contributions to Canada.
- School transcripts or letters from teachers if the applicant studied in Canada.
- Evidence of children’s school activities and letters from their teachers.
Because H&C applications are discretionary, it is crucial to make strong and believable arguments.
A Last Resort Option
H&C applications are often called a “last resort.” They are for people who cannot apply for permanent residency under the regular programs.
There are no guarantees for any application, and this is especially true for H&C applications. However, for those who qualify, it can be a valid way to seek permanent residency in Canada.
Conclusion
Humanitarian and Compassionate (H&C) applications provide a pathway for individuals who cannot qualify for permanent residency through regular programs. While these applications are discretionary and have no guarantees, they serve as an important option of last resort. Success relies on presenting credible and well-documented arguments based on valid grounds such as establishment in Canada, the best interest of the child, family ties, and potential hardships.
