Humanitarian and Compassionate (H&C) Immigration 

Humanitarian immigration applies to applicants who:

has Inadmissibility, or

While there are no inadmissible circumstances, it does not qualify for any permanent resident program.

Generally speaking, the above-mentioned applicants can obtain permanent resident status if they can prove that they have sufficient humanitarian factors.

In other words, Humanitarian Petition does not review your inadmissibility or ineligibility for other immigration petitions. Therefore, when you apply for humanitarian immigration, you should focus on your humanitarian factors, not other issues.

What is Inadmissibility?

In general, every foreign national who wishes to enter Canada must not be inadmissible under any circumstances. The same applies to permanent residents of Canada.

This means that when you apply for any Canadian immigration status, the government reviews you for inadmissibility. If these conditions apply to you, the Canadian government will not allow you to enter the country.

Currently, inadmissible situations include:

national security factors,

Factors that violate human rights and international law,

serious criminal record,

general criminal record,

organized crime record,

health factors,

financial capacity factor,

Provide false and untrue information factors,

the family member is inadmissible, and

Other factors that violate immigration laws.

In addition, foreigners who are already in Canada may also have or will have inadmissible factors in the future. They would then receive a deportation order and be asked to leave the country.

Who is not eligible to apply for humanitarian immigration?

Generally, you cannot apply for humanitarian immigration if you:

Inadmissibility due to national security factors, violations of human rights and international law, or organized crime history,

were still a Canadian citizen or permanent resident at the time you lodged your application,

the refugee claimant has had his or her claim rejected or withdrawn within the past 12 months, and

You are only applying for temporary resident statuses, such as a work permit, or study permit.

In addition, many inadmissibility factors have specific solutions. You must try that particular solution before applying for humanitarian immigration. Otherwise, you cannot apply for humanitarian immigration.

We can also help you determine if you meet the application criteria.

Resolution of inadmissibility

In fact, except for the more serious inadmissibility factors, other factors have corresponding and specific solutions.

For example, with a criminal record, you can resolve it by applying for a Record Suspension or Criminal Rehabilitation.

Additionally, if you receive a deportation order, you may have the opportunity to appeal to the Immigration and Refugee Board (IRB). For more information, see Appeals for Eviction Orders.

We can also help you with a suitable solution.

What is the humanitarian factor?

It needs to be emphasized that demonstrating a humanitarian element is at the heart of this type of application.

In general, humanitarian factors include:

Living conditions in Canada, including living, working, socializing, etc.,

the ability to leave Canada and settle elsewhere,

Ties to Canada,

whether any minors are affected,

health factors,

factors of domestic violence,

Adverse consequences of separation from family members, and

Other factors related to the applicant's country of citizenship.

At the same time, the more humanitarian elements are provided, the better.

If you are unsure of your humanitarian reasons, we can help you.

Humanitarian Immigration and the Benefits of Minors

Ensuring the interests of minors is one of the most important factors in humanitarian immigration applications. Because if the applicant needs to leave Canada and settle elsewhere, this may have a more profound impact on the minor.

It should be emphasized that the minors here are not limited to the applicant's children. In other words, any minors related to the applicant are considered for humanitarian immigration applications.

If you're not sure how to find out, we can help you.

Where can I apply for humanitarian immigration?

You can apply from inside or outside of Canada.

However, Immigration Canada (IRCC) is only obliged to process domestic applications.

In other words, if you submit your application outside of Canada, the Canadian immigration department can not process the application.

Therefore, we recommend that you apply from within Canada.

However, if you are outside of Canada and cannot travel to Canada, then you will need to find other avenues. For example, you may choose to apply for a Temporary Resident Permit (TRP). For more information, see Temporary Resident Permits.

Please note that a Temporary Resident Permit is a completely different document from a Temporary Resident Visa (TRV).

We can also help you apply for a Temporary Resident Permit.

Immigration Appeals and Humanitarian

If you have an appeal case with the Immigration and Refugee Board of Canada, you can also ask it to consider your humanitarian considerations.

For more information, see Reunification Immigrant Appeals, Deportation Order Appeals, and Residential Obligation Appeals.