Humanitarian & Compassionate

Foreign nationals who are living in Canada may have a pathway to permanent residence through a Humanitarian and Compassionate (H&C) application. This is a special provision under the Immigration and Refugee Protection Act, meant for individuals who have made Canada their home and have no other immigration options available.

H&C applications are assessed based on a range of factors, including:

The best interests of any children affected by the decision
The applicant’s level of establishment in Canada – such as time spent in the country, employment history, and community ties
Potential hardship or risk an applicant may face if returned to the country of origin
Lack of access to essential services in the home country – like medical care, education, or social services

These applications are considered an exceptional measure and are reserved for the most deserving cases. At Esteri Law, we understand the sensitivity and complexity of H&C matters and are committed to helping clients build strong H&C cases that outline their unique circumstances.

H&C Application Process

H&C applications are reviewed by IRCC in two key stages:

Stage 1 – Approval in Principle (AIP):

At this stage, IRCC assesses whether your application is complete and evaluates the humanitarian and compassionate factors you’ve presented. If you receive an Approval in Principle, it means IRCC has acknowledged that your case merits consideration based on H&C grounds.

Stage 2 – Final Assessment and Permanent Residence Processing:

Once AIP is granted, IRCC proceeds with security, medical, and background checks. If you pass these checks, your application for permanent residence will move forward to final approval.

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FAQS

Can I work or study after receiving the Approval in Principle (AIP) on my H&C application?

Individuals who receive AIP may be eligible to apply for a work or study permit while awaiting final processing.

Can I submit a Humanitarian and Compassionate (H&C) application if I don’t have a valid passport?

Yes. The H&C pathway allows individuals to apply for permanent residence even without a valid passport or travel document. IRCC understands that there are situations where obtaining identification may not be possible due to hardship, country conditions, or other compelling reasons.