When Compassion Matters Most

Humanitarian and Compassionate (H&C) applications provide a pathway for individuals who face exceptional hardship or compelling compassionate circumstances to remain in Canada or overcome inadmissibility—even when they may not meet the standard requirements of other immigration programs.

H&C applications are among the most complex, challenging, and time-intensive immigration matters. They are discretionary, meaning immigration officers have significant latitude in decision-making, and approvals are granted only when truly exceptional circumstances exist. Processing times currently exceed 10 years in many cases, and there are no guarantees of success.

Yet for some people, an H&C application represents their best or only pathway forward.

At Fireweed Immigration, we understand what is at stake. An H&C application is not just paperwork—it is often the difference between staying with your family or being separated, between safety and danger, between stability and upheaval. These applications require meticulous preparation, comprehensive documentation, and compelling advocacy.

We build strong, thorough H&C cases. We fight for our clients. And we stand with you through what we know is a long and difficult process.

As Regulated Canadian Immigration Consultants, we are committed to providing honest assessments, realistic expectations, and unwavering advocacy for clients facing overwhelming odds.

About Humanitarian and Compassionate Applications

They Are Discretionary

H&C decisions are made on a case-by-case basis. Officers have broad discretion to approve or refuse applications based on the specific facts and circumstances. There is no automatic approval, even with strong cases.

They Are Complex

H&C applications require extensive documentation, detailed written submissions, and compelling arguments about why your situation warrants exceptional consideration. These are not simple applications.

They Take Years

Current processing times exceed 10 years in many cases. This is an extraordinarily long wait, and it requires patience, resilience, and careful management of your status during the process.

Strong Documentation Is Critical

The strength of your H&C case depends entirely on the quality and comprehensiveness of the evidence you provide. Weak documentation leads to refusals. Thorough, well-organized, compelling evidence is essential.

The Best Interests of Children Are Paramount

If your case involves Canadian citizen or permanent resident children, their best interests must be considered. This is often the most significant factor in H&C decisions, and we ensure these considerations are thoroughly documented and argued.

Humanitarian and Compassionate applications allow immigration officers to grant permanent residence or overcome inadmissibility based on compassionate or humanitarian grounds—even when an applicant does not meet the usual requirements of Canadian immigration programs.

A few Key Points to Understand:

What Makes a Strong H&C Case?

Immigration officers consider a range of factors when assessing H&C applications. The most common and compelling grounds include:

Best Interests of Children (BIOC)

If you have Canadian citizen or permanent resident children, the impact of your removal on those children is a primary consideration. Officers must assess:

• The child's age, ties to Canada, and stage of development

• The degree of dependency between the child and the parent

• The degree of hardship the child would face if the parent is removed

• The availability of care and support for the child if separated from the parent

Establishment in Canada

Your ties to Canada—how long you've been here, your employment, your community involvement, your relationships—are important factors. Strong establishment demonstrates that you have built a life in Canada and that removal would cause significant disruption.

We document:

• Length of time in Canada

• Employment history and contributions to the Canadian economy

• Community involvement (volunteer work, religious organizations, clubs, associations)

• Property ownership or long-term housing

• Tax compliance

• Letters of support from employers, friends, community members

• Evidence of integration into Canadian society

Additional Hardship Factors

Beyond establishment and children's best interests, other factors may strengthen an H&C case, including:

• Mental health impacts of removal after years of establishment in Canada

• Medical conditions requiring treatment available in Canada but not in your home country

• Lack of family or support networks in your country of origin after many years abroad

• Inability to reintegrate into your home country after significant time in Canada

• Impact of domestic situations in Canada on your immigration status (such as relationship breakdown affecting sponsorship eligibility)

• Discrimination or marginalization you would face upon return

Hardship if Removed to Your Home Country

Officers must also consider the hardship you would face if returned to your country of nationality or habitual residence. This includes:

• Medical hardship (medical conditions that cannot be adequately treated in your home country)

• Family separation (being separated from Canadian family members)

• Country conditions (violence, instability, discrimination, lack of economic opportunity)

• Social or cultural reintegration difficulties after many years in Canada

• Loss of established life, career, and community

This is often the strongest factor in H&C applications. We thoroughly document your children's lives, their connection to Canada, their dependence on you, and the harm they would suffer if you were removed.

The longer and deeper your ties to Canada, the stronger your establishment argument.

We build a comprehensive picture of what removal would mean for you and your family, backed by evidence and country condition documentation.

These factors are assessed in combination with establishment and other circumstances to build a comprehensive picture of hardship.

Note: If you are fleeing violence or persecution in your home country, a refugee claim may be more appropriate than an H&C application. See our [Refugee Claims & Protection page] for more information.

Frequently Asked Questions

What is an H&C application?

A Humanitarian and Compassionate application allows individuals to apply for permanent residence or overcome inadmissibility based on compassionate grounds, even if they don't meet the usual immigration requirements. These applications are discretionary and decided case-by-case.

Who is eligible for an H&C application?

There are no specific eligibility criteria—H&C applications are assessed based on individual circumstances. Common situations include people with Canadian children, significant establishment in Canada, family violence situations, exceptional hardship if removed, or inadmissibility issues. We assess whether H&C is appropriate for your case.

How long do H&C applications take?

Current processing times exceed 10 years in many cases. This is an extremely long process, and applicants must be prepared for years of waiting.

What is the success rate for H&C applications?

Success rates vary significantly depending on the strength of the case and the specific circumstances. Not all H&C applications are approved—these are discretionary decisions. Strong documentation and compelling circumstances improve chances, but approval is never guaranteed.

What are the best interests of children?

The best interests of Canadian citizen or permanent resident children who would be directly affected by an H&C decision must be considered. This includes the impact on the child's wellbeing, education, health, and emotional development if separated from the parent. This is often the most significant factor in H&C cases.

Can I work while my H&C application is being processed?

It depends on your current status. If you have a valid work permit, you can continue working. If you are without status, you generally cannot work unless you obtain a work permit or Temporary Resident Permit (TRP). We can advise you on options for maintaining work authorization during processing.

What happens if my H&C application is refused?

If your application is refused, you may have limited options. In some cases, you can apply for judicial review if there were legal errors in the decision. You may also be able to submit a new H&C application if circumstances have changed significantly. We review refusal decisions carefully and advise you on next steps.

Can I apply for H&C if I have a removal order?

Yes. Many H&C applicants have removal orders. An H&C application does not stop a removal order, but you may be able to request a deferral of removal while your H&C application is being processed. This requires separate submissions and is not guaranteed.

Do I need a lawyer or immigration consultant for an H&C application?

While you can apply on your own, H&C applications are extremely complex and require comprehensive documentation and legal argumentation. Professional representation significantly improves the quality of your application. Given the long processing times and discretionary nature of decisions, it is critical to get it right the first time.

Can I include my family in my H&C application?

Yes. You can include your spouse or common-law partner and dependent children in your H&C application. If approved, they would also receive permanent residence.

Take the First Step

If you are facing exceptional circumstances and believe an H&C application may be your pathway forward, contact us for an honest assessment of your situation.

Email Us

info@fireweedimmigration.ca