Submitting a Successful Humanitarian & Compassionate Immigration Applications in Canada

Imagine you're trying to stay in Canada, but you don't quite meet the usual requirements. There's a special process called a "Humanitarian & Compassionate" or "H&C" permanent residency class of application that might help. It's for people in really tough situations who deserve a chance to stay. This post will break down what that means and how it works.

What are H&C Applications?

Think of H&C applications as a special request to the Canadian government. You're asking them to let you stay because you have a strong reason, even if you don't fit the standard rules. It's up to the immigration officer to decide, which can make it a bit tricky. They'll look at things like:

• Hardship: How difficult would it be for you if you had to leave Canada?

• Establishment: How settled are you in Canada? Do you have a life here?

• Children's Best Interests: If you have kids, what's best for them?

• Your Home Country: What's going on in your home country that makes it hard to return?

  
  

What the Courts Say About H&C Applications

Recently, some Canadian court cases saw H&C applicants challenge refusals to their H&C applications in the Rubio and Cordova decisions. The courts made some important points:

• Look at Everything: Immigration officers must consider ALL the information you give them, not just pick and choose what they like.

• Think About the Kids: If children are involved, officers must really think about what's best for them.

• Decisions Must Be Reasonable: The decisions must make sense and be based on the evidence, not just a whim.

  
  

Tips for Making Your H&C Application Stronger

Here's what you can do to make your H&C application as good as it can be:

1. Keep Everything: Keep copies of every single document, email, and anything else related to your application.

   
   

2. Gather Lots of Proof: Tell your story with lots of evidence. This includes personal letters, proof of hardships, and why you want to stay.

   
   

3. Explain How It All Connects: Don't just give documents. Explain how each one shows why you deserve to stay. For example:

   • Settled in Canada: Show your job, friends, and activities in the community.

   • Hardship: Explain how leaving would be really tough for you (emotionally, financially, etc.).

   • Children's Needs: Show why staying is best for your children.

     
     

4. Get Support Letters: Ask friends, family, or community leaders to write letters saying they know you and support your case.

   
   

5. Ask Why If You're Denied: If your application is rejected, ask for a detailed explanation. This helps if you want to try again or appeal the decision.

   
   

Getting approved for an H&C application is tough, but it's possible. You need to be organized, give lots of proof, and explain why you deserve to stay. If you get denied, you can ask why and learn for next time. If you need help, we are here to help you navigate the complexities of an H&C application. book an online consultation with us here.

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Our Services

Calver Immigration Consulting Inc. is rated Canada's number one boutique immigration consultancy. We serve clients across Canada and internationally. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law serving those in Canada and abroad.

We can assist with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.