Immigration Lawyer

H & C Applications

Immigration Lawyer

H&C Applications

Humanitarian and Compassionate (H&C) applications are a type of immigration application in Canada that allow individuals who are not eligible for permanent residency through other immigration programs and have made specific requestsfor consideration. This acts as an exception to the standard immigration process, based on someone’s personal circumstances. Applicants under this immigration program must demonstrate that they are likely to experience adverse conditions and undue hardships if returning to their home country.

Eligibility for H&C Application

To be eligible for an H&C application,

If you have family ties in Canada, such as close family members who are dependent on you.
You show how integrated you are in Canadian society by having steady employment, language fluency, and community involvement.
If you show potential hardship that you might face if you leave Canada. Such as medical issues that are not treatable in your home country, the risk of prosecution or violence, and separation from children.
If you can show that leaving Canada will affect the best interests of the children.

Please Note: H&C applications can onlybe considered for personal issues. If you need protection from prosecution, then you must apply for refugee claim status.

What documents are needed to apply for the H&C application?

The documents required to strengthen success chances in the H&C application are:

1. Personal identification

You must have a valid passport.
Your birth certificate
If applicable, your marriage or divorce certificates.

2. Family ties proof

Canadian citizen or permanent resident status proof of family members
Birth certificates of children as proof of parentage
Letters of family members that explain the dependence and relationship

3. Proof of integration in the Canadian Society

Records of employment and pay slips
Letters from your employers and colleagues
Evidence that you participated in local activities, volunteering
Fluency in language
Provide with language test certificates

4. Medical records

If the reason is that your or any family member cannot be treated in your home country

5. Best interest of Children

Provide with your child’s education report and involvement with the Canadian education system.
Explanation from counsellors and teachers of the impact on the child if removed from school
Social participation and activities are in the best interest of any child.

Other reasons

It is to be noted that H&C reasons are very broad. Applicants filing the spousal or child sponsorship can also include H&C grounds to consider wherein proper documentation is not available. However, the H&C grounds are not acceptable wherein economic category applications are filed, and applicant is requesting to waive certain eligibility criteria. H&C grounds are useful in cases for Parents to be sponsored if any specific circumstances prevailed.

How can you apply?

Gather all documents.
Collect all the needed documents, like proof of residence, employment records, medical records, and other needed documents.
Fill out the application form.
The forms to be filled out are provided on the IRCC website , which is specific for the humanitarian and compassionate applications.
Pay the fees.
Discuss the fees needed with IRCC for the application of H&C. They will provide the most recent fee requirements; also, you can visit the IRCC Fee Payment Portal.
Submit the supplication
After completing all the steps and procedures, you can mail the application or also submit it online if it is applicable.

Why should you choose our Immigration Lawyers?

We have been helping clients deal with the H&C application process to a successful one. If you are struggling with the complicated paperwork of the H&C application, at Nanda & Associates, our immigration lawyers will guide you to a successful application. To get assistance, call us at 905-405-0199 now!

Frequently Asked Questions

Can I remain in Canada during H&C application?

Yes, you can remain in Canada during your H&C application process, provided you maintain valid legal status (e.g., as a worker, visitor, or student). However, if your visa or permit expires and you fail to restore your status timely, you would no longer be allowed to remain in Canada.

Moreover, please note that having an H&C application in process will not stop your removal order. You could still be removed from Canada unless you obtain a stay of removal from the appropriate authorities.

What happens if the application is refused?

If your application is refused, you could reapply with a stronger situation and with proper proof to support it. You can appeal to the federal court within 15 days if you are inside Canada and if outside, then within 60 days. If none of these options are available, you should leave Canada or consult with our immigration lawyers to explore best options.

How long does the H&C processing time take?

The processing time usually takes 24 to 36 months. This duration in the time taken varies depending on the nature of your situation and the workload of IRCC.

How will I know if my application is approved or not?

You will receive a decision letter from IRCC stating the result of your application. If it is approved, instructions will be provided for the next steps to get your permanent residence status. If the application is denied, then the reasons will be stated for the refusal, with options available to you. You can also check the application station in the IRCC portal.

What is the processing fee for H&C application?

The processing fee for applying in the H&C application is CAD $635. If you are given permanent residence to stay in Canada, then a fee of CAD $575 is charged for Right of Permanent Residence (RPRF). If your spouse is added the CAD$635 more and for a dependent child, it is CAD $175.