Foreign nationals who would otherwise not qualify for applying for permanent resident in any class, may be able to apply on humanitarian and compassionate(H&C) grounds. The H&C applications are assessed on a case-by-case-basis. Following are certain considerations for an applicant before applying for H&C:-
- H&C requests are made only if applicant is applying for permanent resident status in Canada, or for a permanent resident visa abroad. H&C requests from temporary resident applicants are not assessed.
- H&C requests would not be considered if the applicant has a pending refugee claim. If he/she still wants to apply, applicant must withdraw the refugee claim before the Immigration and Refugee Board of Canada (IRB) hearing.
- Applicant cannot apply for H&C grounds if he/she had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” Note that the bar does not apply if:
- the applicant has children under 18 who would be adversely affected if the family was removed from Canada, or
- the applicant has proof that one of the applicants’ dependents suffers from a life-threatening medical condition that cannot be treated in the applicant’s home country.
Note that if the applicant has a removal order (order to leave Canada), the H&C application would not delay the removal from Canada. Applicant has to leave the country on the respective date but the H&C application would still be processed and the applicant would ne notified about any decision made.