Humanitarian & Compassionate Class

The Humanitarian and Compassionate (H&C) class is a unique immigration pathway for individuals who are not eligible for permanent residency under other programs but have compelling reasons to remain in Canada. This category is designed for people facing exceptional hardship if they are required to leave the country, allowing them to apply for permanent residence based on their personal circumstances.

 

Purpose of the H&C Class

 

The H&C program provides a legal avenue for individuals who have deeply established ties to Canada and would face undue hardship if forced to leave. It is intended for those in exceptional and compelling situations, including:

 

• Individuals facing risk or extreme hardship in their home country (outside of refugee claims).

• People with significant family and community connections in Canada.

• Applicants who have contributed positively to Canadian society through work, education, or volunteerism.

• Parents and caregivers of Canadian-born children whose well-being would be affected if they were removed from the country.

 

Key Considerations for H&C Applications

 

Canada's immigration authorities assess H&C cases on a case-by-case basis, considering:

• Level of Establishment in Canada: Length of stay, employment history, education, and community involvement.

• Best Interests of Any Children Involved: Special consideration is given to how removal from Canada would impact dependent children.

• Hardship or Risk of Return: Evaluation of the difficulties the applicant would face if required to leave Canada.

• Social and Economic Contributions: Work history, education, and volunteer activities that demonstrate the applicant’s integration into Canadian society.

 

Limitations and Important Facts

​

• The H&C program is not a refugee protection program and does not consider risks such as persecution, torture, or cruel treatment. Individuals fearing such risks must apply under Canada's refugee protection system.

• Applicants cannot have a pending refugee claim at the time of applying for H&C consideration.

• Temporary residents, failed refugee claimants, and undocumented individuals may apply if they meet the eligibility criteria.