Humanitarian and Compassionate Grounds Canada: A Step-by-Step Application Guide

For many foreign nationals in Canada who are out of status or ineligible for standard immigration programs, there is often only one option left: an application for Humanitarian and Compassionate (H&C) considerations.

This is not a standard visa application. It is a request for an exception to the law. It asks the Canadian government to look beyond the strict rules and consider the human reality of your life: your establishment in Canada, the hardship you would face if you left, and the best interests of your children.

As a Mississauga immigration lawyer, I often meet clients who believe H&C is a simple “last chance.” In reality, it is a complex, evidence-heavy legal argument that requires a precise strategy to succeed.

In this guide, we will break down the legal test for “Hardship,” the critical “Best Interests of the Child” factor, and the detailed two-stage application process.

The Legal Test: What is “Hardship”?

To succeed in an H&C application, you must prove that returning to your home country would cause you “unusual and undeserved or disproportionate hardship”.

This is a high threshold. It means more than just “inconvenience.”

• Unusual and Undeserved: A hardship that is not the result of your own actions (e.g., discrimination, lack of medical care) and is not something most people in your country face.

• Disproportionate: A hardship that would have an unreasonable impact on you personally, even if it is common in your country.

What Doesn’t Count: Simply “preferring” Canada is not enough. You must show that leaving would cause suffering that goes beyond the normal consequences of deportation.

Key Factor 1: The Best Interests of the Child (BIOC)

Since the Supreme Court of Canada’s landmark decision in Kanthasamy v. Canada, the “Best Interests of the Child” has become a central pillar of H&C law.

If you have children (in Canada or abroad) who would be affected by your removal, the officer must consider their well-being.

Note: The BIOC principle applies regardless of whether the child is a Canadian citizen, a permanent resident, or a foreign national. Officers must assess the impact of removal on any child directly affected by the decision.

We build this argument by providing evidence of:

• Physical & Emotional Health: Would the child suffer from a lack of medical care or trauma if they had to leave?

• Education: Would their education be disrupted or inferior in the home country?

• Dependency: Does the child rely on you for financial or emotional support?

Key Factor 2: Establishment in Canada

If you are already in Canada, we must prove that you have put down “roots” that would be painful to sever. This is called Establishment.

Successful applications often include proof of:

• Stable Employment: Letters from employers, pay stubs, and tax filings (NOAs).

• Financial Management: Proof of savings, assets, and freedom from social assistance.

• Community Integration: Letters of support from religious organizations, volunteer groups, or neighbors.

• Language Skills: Proof that you have learned English or French.

The H&C Process: A Two-Stage Journey

An H&C application is unique because approval happens in two distinct phases. Understanding the difference between “Stage 1” and “Stage 2” is critical for managing your expectations and your status in Canada.

Stage 1: Approval in Principle (AIP)

This is the most difficult hurdle. During Stage 1, a senior immigration officer reviews your submission letter and evidence to decide if your H&C grounds are strong enough to grant an exemption from the usual rules.

• What happens: The officer weighs your hardship, establishment, and the best interests of any children.

• If Approved (AIP): You will receive a letter confirming “Approval in Principle.” This is a major victory. It means the government has agreed to let you apply for Permanent Residence from within Canada.

• The Benefits of Stage 1 Approval:

  • Work & Study: Once you have AIP, you are eligible to apply for an Open Work Permit and a Study Permit, allowing you to support yourself while you wait for the final decision.

  • Stay of Removal: In many cases, a Stage 1 approval will pause any removal order against you (though filing the application itself does not).

Important Note: Approval in Principle is not the same as Permanent Residence. You do not have PR status yet, and you are still subject to the admissibility review in Stage 2.

Stage 2: Admissibility & Final Decision

Stage 2 is the technical verification phase. Even after you are “Approved in Principle,” you must still prove you are admissible to Canada.

• What happens: The officer will request:

  • Medical Exams: To ensure you do not have a condition that poses a risk to public health or safety.

  • Police Certificates: From every country you have lived in for more than 6 months since age 18.

  • Security Screening: To ensure you are not a security risk.

• The Timeline: Stage 2 can take 12-24 months to complete after your Stage 1 approval, depending on the complexity of your background checks.

• The Outcome: Once you pass these checks, you will receive your Confirmation of Permanent Residence (COPR).

Critical Warning: The Risks of H&C

• No Stay of Removal: Unlike a Refugee Claim, filing an H&C application does not stop a deportation order. If you receive a removal order while your application is processing, you may still be forced to leave Canada.

• The “One-Year Bar”: You cannot apply for H&C if you had a negative decision from the Refugee Board (IRB) in the last 12 months (unless you have a child or a life-threatening medical condition).

Frequently Asked Questions (FAQs)

Q 1: Can I work while my H&C application is processing?

Not immediately. Filing an H&C application does not give you implied status or the right to work. You can only apply for a work permit after you receive your Stage 1 “Approval in Principle”. Until then, you must have another valid status (like a visitor record) or remain out of the workforce.

Q 2: How long does an H&C application take?

Processing times vary significantly but are generally long. You should expect the entire process to take between 22 to 36 months. It is a marathon, not a sprint.

Q 3: Can I travel outside Canada after applying?

It is highly risky. If you leave Canada while your H&C application is processing, you may be denied re-entry at the border. If you cannot return to Canada, your application may be considered abandoned because you are no longer established here. We strongly advise clients to remain in Canada until they receive their PR status.

Q 4: What happens if my H&C application is refused?

If your application is refused at Stage 1, you may have the option to file for Judicial Review at the Federal Court. However, this must be done within 15 days of the decision. A refusal may also trigger a removal order if you do not have valid temporary status.

How Cambria Law Builds Your H&C Case

An H&C application is not just a form; it is a legal argument. A generic application will likely be refused.

Our team builds a comprehensive Submission Letter that connects your personal story to Canadian case law (like Kanthasamy). We help you gather the specific evidence—school reports, psychological assessments, and community letters—that proves your case is “exceptional.”

Don’t leave your last chance to luck.

Get a Professional Assessment

If you are out of status or facing removal, time is critical. Contact us today to determine if you qualify for Humanitarian and Compassionate grounds.

Sources

1. Immigration, Refugees and Citizenship Canada. (2017, September 13). Humanitarian and compassionate grounds. Government of Canada. https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/protection/refusal-options/humanitarian-compassionate-grounds.html
2. Supreme Court of Canada. (2015). Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15665/index.do
3. Immigration, Refugees and Citizenship Canada. (2015, December 10). Assessment of hardship: Establishment in Canada. Government of Canada. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-establishment.html