HUMANITARIAN AND COMPASSIONATE
A PATHWAY FOR INDIVIDUALS WITH EXCEPTIONAL CIRCUMSTANCES
People who are typically ineligible for permanent residency in Canada may have the opportunity to apply under humanitarian and compassionate grounds. These grounds are intended for individuals with exceptional circumstances, and IRCC reviews each application individually.
ELIGIBILITY CRITERIA
Who May Apply Under Humanitarian And Compassionate?
You may apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if you:
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 to apply for permanent residence within Canada
Are not eligible to apply for permanent residence within Canada under any other immigration class, but believe that your circumstances justify H&C considerations for the granting of PR
You cannot apply for humanitarian and compassionate grounds until five years have passed since:
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Spouse or Common-Law Partner;
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Economic;
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Protected Person and Convention Refugees;
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Temporary Resident Permit (TRP) Holder.
Note: Foreign nationals who wish to immigrate to Canada are required to apply for and obtain a permanent resident visa from outside of the country. Foreign nationals do not have the right to apply for permanent residence from within Canada unless they fulfill the requirements of an in-Canada immigration class.
Note: If you are under a removal order and decide to submit an application for permanent residence based on H&C, it will not delay your removal from Canada. You must leave on the specified removal date. IRCC will continue to process your application and will notify you of the decision in writing.
Exemptions
To be eligible for an exemption from the standard requirements of IRPA, you must:
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Clearly specify the particular exemption(s) you are seeking in your application.
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Include all relevant details regarding your request, along with the reasons you believe the exemption(s) should be granted on humanitarian and compassionate grounds.
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Demonstrate that there are strong and convincing reasons for granting you an exemption, enabling you to apply for permanent residency from within Canada.
Key Factors Considered by IRCC
The humanitarian and compassionate grounds are intended for individuals with exceptional circumstances, and IRCC reviews each application individually.
The applicant's level of settlement in Canada
Family connections within Canada
The best interests of any children involved
Potential consequences if the application is denied
Examples of the factors that may be considered include, but are not limited to:
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Establishment in Canada
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An inability to leave Canada that has led to establishment
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Ties to Canada
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Best interests of any children affected by your application
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Health considerations
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Family violence considerations
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Consequences of your separation from relatives
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Factors in your country of origin (not related to seeking protection)
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Any other relevant factors you wish to have considered that are not related to seeking protection.
Inadmissibility
If you or a family member is inadmissible to Canada, it is highly recommended that you address this inadmissibility before applying for permanent residency. For instance, if you are inadmissible because of a criminal conviction, you may qualify to apply for rehabilitation or a record suspension.
Reasons for inadmissibility include but are not limited to:
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Criminality,
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Health grounds,
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Financial reasons,
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Misrepresentation.
HOW TO APPLY
01
Get Your Documents Ready
Use the Document Checklist [IMM 5280] to assist you in gathering the necessary documentation. You must provide evidence that will support any statement you make on your application. Include any additional supporting document(s) explaining your hardship, best interests of a child, or any other factor you may want considered.
All the documents must be in English or French. If any document is not in English or French then you must get it translated through a certified translator. If they are not by a certified translator then an affidavit is required from the person who completed the translation.
Police Certificates
If you and your family members are 18 years of age and older and aren’t permanent residents or Canadian citizens, you must provide a valid police certificate for any country other than Canada in which you spent 6 or more months in a row since the age of 18.
Medical Requirements
You and your family members must undergo an immigration medical exam (IME) in order to become a permanent resident of Canada. You and your family members must not have a health condition that:
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Is a danger to public health or safety, or
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Would cause excessive demand on health or social services in Canada.
02
Complete Application
You must fill and submit the following forms online
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Generic Application Form for Canada (IMM 0008)
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Schedule A – Background/Declaration (IMM 5669)
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Additional Family Information (IMM 5406)
Note: Complete all sections. If a section does not apply to you, write “Not Applicable” or “NA”. If your application is incomplete it may be returned to you and this will delay the processing of your application.
The processing fee must be included with your application. Pay the right of permanent residence fee ($575) to avoid delays. Below is the fee table for reference purposes.
Pay The Fees
03
Application (per person) | $CAN |
Your application
Processing fee ($635) and right of permanent residence fee ($575) | 1,210 |
Your application (without right of permanent residence fee) | 635 |
Include your spouse or partner
Processing fee ($635) and right of permanent residence fee ($575) | 1,210 |
Include your spouse or partner (without right of permanent residence fee) | 635 |
Include a dependent child | 175 |
Biometrics fees | $CAN |
Biometrics (per person) | 85 |
Biometrics (per family) (2 or more people)
Maximum fee for a family of 2 or more people applying at the same time and place | 170 |
Note: If you do not pay the full fees for your application(s), IRCC will return your application.
To pay your fees for your application you’ll need:
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A valid email address;
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A credit card, Debit MasterCard® or Visa® Debit card.
04
Submit Your Application
To help make sure the application can be processed as quickly as possible:
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Answer all questions
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Electronically sign your application (type your full name exactly as shown on your passport)
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Include your processing fee receipt
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Upload all the supporting documents
Note: Make sure you use and submit the Document Checklist (IMM 5280) along with your application forms and supporting documents.
AFTER YOU APPLY
The following table outlines the type of communication that you may receive from IRCC as a result of submitting your application.
If your application is received and properly completed
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Your application will be processed
If your application is received incomplete
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Your application will be returned to you.
If your application is approved
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IRCC will inform you in writing and provide further information on the next steps to proceed to obtain your permanent residence status.
If your application is refused
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IRCC will inform you in writing.
If your application is received with insufficient or non-payment of fees
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IRCC will not process your application and it will be returned to you with further instructions.