Humanitarian and Compassionate Program (H&C Application)

The Private Sponsorship of Refugees Program helps thousands of refugees every year. You or your group can sponsor refugees from abroad who qualify to come to Canada. As a sponsor, you provide financial and emotional support for the refugees for the duration of the sponsorship. This includes help for housing, clothing and food. Most sponsorship last for one year, but some refugees may be eligible for assistance from their sponsors for up to three years. Refugees must qualify for entry under Canada’s laws and must pass medical and security checks before they can come to Canada.

What are humanitarian and compassionate grounds?

Have you been living and working in Canada for a while without valid immigration status, and would like to apply for your Permanent Residence status? If you would not normally be eligible to become permanent residents of Canada, you may be able to apply on humanitarian and compassionate grounds.

Humanitarian and compassionate grounds applies to people with exceptional cases. Some of the factors are:

• how settled the person is in Canada

• general family ties to Canada

• the best interests of any children involved

• children under 18 who would be adversely affected if parents are removed from Canada

• proof of life-threatening medical condition that cannot be treated in home country

Who may apply?

You may apply for permanent residence on humanitarian and compassionate grounds if you:

• currently live in Canada

• are not eligible to apply for permanent residence from within Canada in any of these classes:

  • Spouse or Common-Law Partner;

  • Live-in Caregiver;

  • Protected Person; or

  • Temporary Resident Permit Holder and;

• believe you would experience unusual and undeserved or disproportionate hardship if you were required to leave Canada.

The key to a strong H&C application is you need documents as evidence to support your claim. These documents will prove your ties to Canada and the reason you need to remain here. Some documents which you will need to submit with your application are:

• Letters from family members stating your relationship and why they need you here with them

• Letters from friends and the local community members you associate with

• All letters must be written and have the person’s full name and signature, the date, and their relation to you

• Pay stubs, proof of income/employment

• Photographs with family and friends in Canada

• Medical records

• Photos of you with your family and friends in Canada

• Evidence to show that you are having to facing hardship in your country

Processing Time

Once your application is submitted H&C applications normally take approximately 24 – 36 months to process. Depending on your case, it can take longer at times.

During the time of the application process, you will be able to remain in Canada as you await a decision on your case. However, it is recommended not to travel outside of Canada as you can be called for an interview, and at time to provide additional information/documentation.

Once my application is approved

If your application is accepted and approved you can now become a permanent resident in Canada. You need to have a medical exam and obtain police clearance. When you provide this information you will be given your Canadian Permanent Residence Card (PR Card).

If my application is refused

If the event your application is refused you can appeal to the Federal Court of Canada. You will have 15 days to file a judicial review leave application to the Federal Court. You require an immigration lawyer for advocacy as thiss is a complex process.

HUMANITARIAN AND COMPASSIONATION CONSIDERATIONS

Eligibility

Individuals are eligible to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if they:

• are a foreign national currently living in Canada

• need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada

• believe humanitarian and compassionate considerations justify granting the exemption(s) you need; and

• are not eligible to apply for permanent residence from within Canada in any of these classes:

  • Spouse or Common-Law Partner

  • Live-in Caregiver

  • Caregivers: caring for children or people with high medical needs

  • Protected Person and Convention Refugees; and

  • Temporary Resident Permit Holder.

Spouse or common-law partner is a Canadian citizen or permanent resident

If their spouse or common-law partner is a Canadian citizen or permanent resident, their spouse or common-law partner can sponsor them. To do so:

• Use the application Applying for Permanent Residence from Within Canada - Spouse or Common-law Partner Class (IMM 5289).

• Use the Application for Permanent Residence From Within Canada – Spouse or Common-Law Partner in Canada Class (IMM 5289).

  Note: If their spouse or common-law partner cannot sponsor them, use this application.

  Note: Individuals are not required to have legal immigration status to apply for permanent residence in the Spouse or Common-Law Partner in Canada Class.

Non-eligibility

Individuals cannot use apply to be considered for H&C if they:

• are a Canadian citizen

• a permanent resident

• have submitted an H&C application for which a decision has not been made

• have an outstanding refugee claim

• became a designated foreign national within the last 5 years

Humanitarian and compassionate grounds

Individuals who wish to immigrate to Canada must apply for and obtain a permanent resident visa from overseas. Individuals cannot apply for permanent residence from within Canada if they do not meet the requirements of an in-Canada immigration class, or if they are otherwise inadmissible.

Individuals who are inadmissible or who are ineligible to apply in an immigration class, can apply for permanent residence, or for an exemption on humanitarian and compassionate (H&C) grounds.

Exemptions

To be considered for an exemption individuals need to:

• show in the application the specific exemption(s) being requested.

• provide all details related to their request including the reasons why they believe an exemption should be granted on H&C grounds.

• demonstrate that there are sufficient and compelling reasons for them to be granted an exemption allowing them to apply for permanent residence from within Canada.

Factors for consideration

Some of the factors that can be considered are:

• establishment in Canada

• an inability to leave Canada that has led to establishment

• ties to Canada

• best interests of any children affected by your application (see following section for more information)

• health considerations

• family violence considerations

• consequences of your separation from relative

• factors in your country of origin (not related to seeking protection)

• any other relevant factors you wish to have considered that are not related to seeking protection.

Best interests of the child

Some of the factors related to the best interests of the child are:

• age of the child

• child’s establishment in Canada

• conditions in the country of origin that could impact the child

• medical needs of the child

• child’s education, or

• child’s gender

Note: The best interests of a child do not outweigh all other factors in a case. The best interests of the child is one of many factors that is taken into consideration.

Sponsorship/ undertaking assistance

IRCC has stopped assessing sponsorship undertakings in support of an in-Canada H&C application. Sponsorships already submitted will continue to be considered as a factor in the assessment of an H&C application similar to letters submitted by family members confirming their ability to support the individual. The level of importance given to the sponsorship/letters confirming ability to support in the overall H&C application remains at the discretion of IRCC.

Biometric (fingerprints and photo) requirements

Individuals need to appear in person to have their fingerprints and photograph (biometric information) taken at a biometric collection service point.

Biometrics can be given after:

• paying for and submiting the application and biometric fees, and

• get a Biometric Instruction Letter (BIL) which will direct the individual to a list of biometric collection service points they can choose from

• Individuals need to bring the BIL with them to the biometric collection service point to give their biometrics.

Where to give biometrics

Individuals need to book an appointment to give their biometrics at one of these official biometric collection service points.

Medical requirements

Individuals need to pass a medical exam in order to become a permanent resident of Canada. They cannot have a condition that:

• is a danger to public health or safety, or

• would cause excessive demand on health or social services in Canada.

REFUGEES

Who can sponsor a refugee

The Private Sponsorship of Refugees (PSR) program allows private groups sponsor eligible refugees abroad. As the private sponsor, these groups can support a refugee for the sponsorship period, usually up to 1 year. The support provided will include:

• start-up costs, such as furniture and clothing

• on-going monthly costs for basic necessities, including housing, food, and public transportation

• supporting refugees socially and emotionally

Groups who can sponsor refugees

You cannot sponsor a refugee on your own. You need to be part of one of the following groups in Canada:

• Sponsorship agreement holders (SAH) sign agreements with the Government of Canada to help support refugees when they come to Canada

• Constituent Groups are groups who work with SAHs to sponsor refugees under the SAH’s agreement

• Groups of Five are groups of 5 or more Canadian citizens or permanent residents who sponsor refugees to settle in their communities

• Community Sponsors are organizations, associations or corporations that sponsor refugees

Refugee sponsors in Quebec

Quebec has its own process to sponsor refugees.

Blended Visa Office-Referred

The Blended Visa Office-Referred (BVOR) program helps group sponsor refugees who are most in need while lowering the costs of sponsorship.

The benefit of the BVOR program are:

• reduces the financial burden on private sponsors

• prioritizes the most vulnerable refugees through referral organizations

• connects sponsors with refugees we’ve already screened and interviewed, making them ready to travel sooner

Sponsor a refugee with special needs

The Joint Assistance Sponsorship (JAS) Program helps group sponsor refugees with special needs.

Only SAHs and their Constituent Groups are eligible to sponsor through the JAS program.

With the JAS program:

• sponsors must support refugees for up to 24 months

• the Government of Canada provides financial assistance

Sponsor a refugee you know

You can sponsor a specific refugee or refugee family. The person your group wants to sponsor must be eligible under the PSR program.

If you choose to sponsor a refugee you know

• the processing time may be longer than if you sponsor a refugee we’ve already reviewed

• you won’t get financial assistance from the Government of Canada

The process depends on the type of sponsorship group you are:

• Sponsorship agreement holder

• Group of Five

• Community Sponsor

Temporary Resident Pemits-TRPs

In general, individuals who do not meet the requirements of the Immigration or who may be inadmissible for immigration to Canada, may be

• refused a permanent resident visa (PRV) or temporary resident visa (TRV) abroad

• refused an electronic travel authorization (eTA)

• reported inadmissible under the immigration requirements

• allowed to withdraw their application to enter Canada at a port of entry (POE)

• refused processing within Canada

In some cases, however, an officer may issue a TRP to allow a person who is inadmissible, or who does not meet the requirements of immigration, to become a temporary resident, to enter or remain in Canada, if it is justified in the circumstances.

Eligibility for a temporary resident permit (TRP)

A temporary resident permit (TRP) may be issued to a foreign national who is inadmissible, or who does not meet the requirements of Immigration.

The TRP is always issued at the discretion of the delegated authority and may be cancelled at any time. The delegated authority determines if the individual’s purpose for entering Canada is according to Canada’s social, humanitarian and economic commitments to the health and security of Canadians.

In addition, an officer may consider the following:

• the need for the foreign national to enter or remain in Canada is compelling

• whether the need for the foreign national’s presence in Canada outweighs any risk to Canadians or Canadian society

A TRP may be issued to any individual who is

• seeking to come into Canada, provided an officer is of the opinion that the individual’s purpose to enter Canada is consistent with the objectives of immigration, while also mitigating any risk associated with the inadmissibility, and the individual is one of the following:

  • inadmissible under immigration laws of Canada

  • subject to a report under a referral or removal order

  • reportable for a violation of immigration laws

• already present in Canada, provided an officer is of the opinion that the individual’s purpose for remaining in Canada meets the objectives of immigration, while also mitigating any risk associated with the inadmissibility, and the individual is one of the following:

  • inadmissible under immigration laws of Canada

  • subject to a report under a referral or removal order

  • reportable for a violation of immigration laws

  • not eligible for restoration of status

Officers may recommend or issue permits only in accordance with the immigration laws.

When a TRP application is made

When an officer becomes aware of an inadmissibility, and the individual wishes to be considered for a TRP, the officer

• assesses if the individual client meets the eligibility criteria for a TRP

• considers if the individual is under a removal order or warrant

• assesses the appropriate risk factors

How we can help

• You can be rest assured that we will process your application with utmost care and attention.

• We will work with your to make sure all documentation shows the IRCC officer that your marriage is genuine.

• We have the knowledge and expertise of submitting a thorough and complete application.

• Make sure that your application is complete and correct before submission and meets IRCC requirements.

• Your file is prepared and presented professionally.

Do you have questions about the Humanitarian and Compassionate application process? Contact us today and we will get back to you within 24 hours.