What Is the Humanitarian Program in Canada and Who Is It For?
Canada’s immigration system offers a wide range of pathways to obtain permanent resident status. One of the lesser-known but critically important options is the Humanitarian and Compassionate Grounds (H&C) application. This pathway is designed for individuals who do not meet the standard immigration criteria but have exceptional personal circumstances that prevent them from returning to their country of origin.
What Is a Humanitarian and Compassionate Application?
A humanitarian application is a personal request for permanent residence submitted from within Canada, based on exceptional and compelling personal situations. The Canadian government reviews such applications only in rare cases where a refusal would cause significant hardship, human rights violations, or serious suffering for the applicant or their family.
Who Is Eligible for This Program?
The humanitarian program may be suitable for individuals who:
- Are deeply integrated into Canadian society (long-term stay, work, studies, volunteering, community involvement);
- Have young children, especially those well-adapted to life in Canada;
- Suffer from serious health conditions that cannot be treated in their home country;
- Are at risk of violence or persecution in their home country but do not meet the criteria for refugee protection;
- Are living in Canada without legal status (e.g., expired visa or rejected asylum claim);
- Are women fleeing domestic abuse with no safe place to return to.
In essence, this program is designed to protect those who are in vulnerable situations and for whom returning to their home country is not a viable option.
What Factors Are Considered in the Application?
Immigration officers assess several elements, including:
- Length of stay in Canada;
- Family ties (spouses, children, other relatives);
- Social and economic integration;
- Potential impact of deportation on the applicant and their family;
- Best interests of any children involved (this is a primary consideration);
- Medical, humanitarian, or personal circumstances.
Step-by-Step Process for Submitting an H&C Application
The process of applying under humanitarian and compassionate grounds involves multiple stages:
1. Submitting the Application:
- Complete permanent residence (PR) application forms;
- Write a detailed explanation letter outlining your humanitarian circumstances;
- Gather supporting documents (certificates, support letters, medical records, etc.);
- Pay the required government fee.
2. Preliminary Review by IRCC:
Immigration, Refugees and Citizenship Canada (IRCC) will first check if the application is complete. Then, it will assess the validity of the humanitarian grounds presented.
3. Assessment of Humanitarian Factors:
If the officer finds the humanitarian circumstances compelling, they will approve this part of the application. However, this approval does not yet grant permanent resident status—it simply allows the process to continue.
4. For Residents of Quebec — Obtaining a CSQ:
Applicants living in Quebec must obtain a Certificat de sélection du Québec (CSQ) from the provincial immigration ministry (MIFI) before IRCC can proceed with the PR application.
5. Full Review of the PR Application:
Once the humanitarian grounds are accepted (and CSQ, if applicable, is received), IRCC will begin a complete review, including checks of the applicant’s biography, police clearance, and medical exam results.
6. Final Decision:
If all requirements are met, the applicant receives a Confirmation of Permanent Residence (COPR)—the official document confirming their new status in Canada.
Who Cannot Apply?
You are not eligible to apply under the Humanitarian and Compassionate Grounds program if:
- You are outside of Canada;
- You are already a Canadian citizen or permanent resident;
- You have a pending H&C application;
- Your asylum claim is still being processed;
- Your refugee claim was refused within the last 12 months (exceptions apply for children or serious medical issues);
- You were designated as a foreign national in the last 5 years;
- You have another ongoing immigration case (e.g., family sponsorship, work-based application);
- You have a serious criminal record, which may lead to automatic refusal.
The humanitarian application is one of the most complex but essential avenues in Canada’s immigration landscape. It is meant for individuals who are in crisis and need to stay in the country for humanitarian reasons. Success depends on thorough preparation, a strong explanation of personal circumstances, and often community support. In difficult cases, it’s highly recommended to seek help from a licensed immigration consultant to improve the chances of approval.
