Humanitarian & Compassionate (H&C)

The applications are assessed on a case-by-case basis. Several factors are considered in the application process, including:

• How settled the person is in Canada?
• General family ties to Canada
• The best interests of any children involved, and
• What could happen to the applicant if request is not granted?
• Factors in applicant’s country of origin including adverse country conditions.
• Applicant’s health considerations including inability of a country to provide medical treatment.
• Family violence considerations.
• Consequences of the separation of relatives.
• Any unique or exceptional circumstances that might merit relief.

The H&C decision-making process is a highly discretionary one that considers whether a special grant of an exemption from a requirement of the Act is warranted. This means that officers have a lot of freedom in deciding these applications. Officer’s decision is based on evidence and information provided in the submission. The onus is entirely upon the applicant to be clear in the submission as to exactly what hardship they would face if they were not granted the requested exemption(s). Because there is usually no interview, it is important to send the best possible evidence to support the application and explain all the reasons to stay in Canada.