Humanitarian & Compassionate (H&C)

An H&C application asks Canada to grant permanent residence based on compelling personal circumstances — your establishment in Canada, the best interests of any children involved, and the hardship you would face if forced to leave. It is discretionary and evidence-heavy, so how the case is presented matters enormously.

H&C is for people whose circumstances are compelling even though they do not fit a standard immigration category — often those who are well established in Canada, families where children’s best interests are at stake, and people who would face real hardship on removal. A lawyer can assess honestly whether it is your strongest route.

H&C processing times are long and vary, often taking well over a year. Because these applications are discretionary and turn on evidence, the strength of the submissions is more important than the timeline. A delayed H&C file can sometimes be advanced with a Mandamus.

Filing an H&C application does not automatically stop a removal. Depending on the circumstances, a separate request or Federal Court application may be needed. If you are facing removal, seek advice from a lawyer immediately.