Humanitarian and Compassionate Ground
Humanitarian and Compassionate Ground, often abbreviated as H&C, refer to a provision in Canadian immigration law that allows individuals who might not meet the standard criteria for immigration to apply for permanent residence based on exceptional circumstances. The H&C provision recognizes that, in some cases, strict adherence to the rules might result in undue hardship or might not account for the unique challenges and circumstances faced by an individual.
When someone applies under Humanitarian and Compassionate Grounds, they are essentially asking Immigration, Refugees and Citizenship Canada (IRCC) to make an exception to the usual immigration criteria. The H&C application is designed to consider the best interests of any affected children, the applicant’s establishment in Canada, ties to the community, and any hardships they might face if they were to leave Canada.
It’s important to note that H&C considerations are discretionary. This means that every Humanitarian and Compassionate Grounds application is assessed on its own merits, and there’s no guarantee of approval. The decision-makers weigh the hardships and factors presented in the H&C application against the objectives of the Immigration and Refugee Protection Act (IRPA).
While the H&C process offers a potential pathway to permanent residency, it’s not intended to be a shortcut or an alternative to the standard immigration channels. Instead, the Humanitarian and Compassionate Grounds provision serves as a safety net, ensuring that Canada’s immigration system remains flexible and compassionate, especially in situations where strict rule adherence might lead to unjust or inhumane outcomes.
Given the complexity and discretionary nature of H&C applications, many individuals seek legal counsel to guide them through the process. Crafting a compelling case under Humanitarian and Compassionate Grounds requires a thorough understanding of the applicant’s unique circumstances and how they align with the objectives and values of Canada’s immigration system.