Canada Humanitarian and Compassionate (H&C) Application Lawyer
H&C applications may provide a path to permanent residence where standard immigration programs are unavailable. We assist clients in Toronto and virtually across Canada with strategic, evidence-based humanitarian and compassionate applications.
Seek Permanent Residence Through Humanitarian and Compassionate Grounds
Canada’s immigration system recognizes that some individuals face unique and compelling circumstances that warrant special consideration. The Humanitarian and Compassionate (H&C) grounds provide a pathway for foreign nationals to apply for permanent residence based on factors beyond the usual immigration rules.
At Ayodele Law, we offer compassionate, expert legal guidance to help you submit a strong H&C application tailored to your situation.
Submitting an H&C application does not automatically stop removal from Canada, and additional legal steps may be required in urgent cases.
Who Can Apply on Humanitarian and Compassionate Grounds?
Applicants for H&C consideration may include:
Individuals in Canada without permanent status seeking relief from removal;
Refugee claimants who do not qualify for protected person status but have compelling reasons to remain;
Temporary residents (students, workers) who wish to transition to permanent residence;
Those with strong family, community, or cultural ties in Canada;
Persons facing hardship in their home country, such as risk of persecution, family separation, or medical emergencies.
What key factors are considered in an H&C application?
IRCC considers a wide range of factors, including but not limited to:
Length of time in Canada and establishment of ties;
Best interests of any children affected by the decision;
Hardships faced if forced to return to home country;
Health conditions and availability of medical care;
Impact of removal on family unity and social integration
What are the H&C application processing times in Canada?
Most Humanitarian and Compassionate applications take approximately 24–36 months to process, depending on complexity, evidence, and whether additional reviews are required by IRCC.
How to Apply for a H & C Application in Canada (Step-by-Step Guide)
| Step | Description |
|---|---|
| ✅ Confirm H&C Eligibility and Grounds | Assess whether there are compelling humanitarian and compassionate grounds to request permanent residence, such as establishment in Canada, family hardship, best interests of children, medical issues, or risk upon removal. |
| ✅ Identify Legal Barriers and Inadmissibility Issues | Determine whether issues such as criminal inadmissibility , misrepresentation, overstays, or removal orders exist, and how these must be addressed within the H&C application. |
| ✅ Gather Evidence Supporting Hardship and Establishment | Compile documentation showing length of time in Canada, family ties, employment history, community involvement, medical needs, and the best interests of any children affected. |
| ✅ Prepare Detailed Legal Submissions | Draft persuasive written submissions explaining why permanent residence should be granted despite inadmissibility or lack of status, supported by case law and humanitarian factors. |
| ✅ Submit the H&C Application to IRCC | File the complete application package with Immigration, Refugees and Citizenship Canada (IRCC), including forms, fees, supporting evidence, and legal submissions. |
| ✅ Respond to Requests and Maintain Status Where Possible | Respond promptly to any requests for additional information and explore options such as deferral requests or temporary permits while the application is under review. |
| ✅ Decision, Approval, or Further Legal Remedies | If approved, the applicant may proceed toward permanent residence. If refused, options such as judicial review or reapplication may be considered depending on the circumstances. |
What documents are required for an H&C application?
| Category | Documents Required |
|---|---|
| Personal Identity & Status Documents |
Valid passport (all pages) and national identity documents. Birth certificate and civil status documents (marriage, divorce, death certificates if applicable). Copies of current and prior Canadian visas, permits, or refusal letters. Proof of current immigration status in Canada (if any). |
| Evidence of Establishment in Canada |
Proof of length of time spent in Canada (entry records, visas, permits). Employment records, pay stubs, tax filings, or letters from employers. Proof of education or training completed in Canada. Community involvement such as volunteer work, religious or cultural participation, or support letters. |
| Family Ties & Hardship Evidence |
Proof of family relationships in Canada (spouse, children, parents, siblings). Evidence of emotional, financial, or caregiving dependency. Letters from family members describing hardship if separation occurs. Documentation showing impact of removal on family unity. |
| Best Interests of Children (BIOC) |
Birth certificates of affected children. School records, report cards, and letters from teachers or counselors. Medical or psychological reports (if applicable). Evidence showing how removal would negatively affect the child’s stability, education, or wellbeing. |
| Medical, Safety, or Risk Evidence |
Medical records or expert reports showing serious health conditions. Evidence of lack of adequate medical care in the country of return. Country-condition reports, human rights documentation, or expert opinions demonstrating risk or hardship. |
| Criminality or Inadmissibility Documents (if applicable) |
Court records, sentencing documents, and proof of sentence completion. Evidence of rehabilitation, treatment programs, or character references. Explanations and affidavits addressing past immigration violations or misrepresentation. |
| Legal Submissions & Supporting Statements |
Detailed written submissions explaining humanitarian and compassionate grounds. Sworn affidavits from the applicant and supporting witnesses. Chronology of immigration history and explanation of exceptional circumstances. |
| Translations & Certifications |
Certified translations of all non-English or non-French documents. Translator affidavits where required. Notarized copies when requested by immigration authorities. |
Why choose Ayodele Law for your Humanitarian & Compassionate application
Humanitarian and Compassionate applications are highly discretionary and require careful legal judgment, not just form completion. At Ayodele Law, we take a strategic, evidence-driven approach—assessing hardship, family circumstances, and the best interests of children, and preparing clear legal submissions that explain why permanent residence should be granted despite issues such as lack of status, inadmissibility, or prior refusals. Our Toronto-based immigration law firm provides thoughtful, focused representation in complex H&C matters.
Contact Us for a Consultation
In person or virtual consultations available. Your case is important to us. We will get back to you within 24 hours of your submission.
Frequently Asked Questions
Humanitarian and Compassionate applications raise complex legal and personal questions. Below are answers to some of the most common concerns we hear from individuals and families considering an H&C application. If your situation is urgent or involves removal, inadmissibility, or children, it’s important to seek legal advice early.
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A Humanitarian and Compassionate application is a request for permanent residence based on humanitarian grounds under Canadian immigration law. It allows Immigration, Refugees and Citizenship Canada to consider hardship, family circumstances, establishment in Canada, and the best interests of children when an applicant does not qualify under a regular immigration program.
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H&C applications are often used by individuals who are out of status, facing removal, or otherwise inadmissible but who have strong humanitarian factors. This may include long-term residence in Canada, close family ties, medical needs, or situations where removal would cause significant hardship—particularly to children.
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No. Submitting an H&C application does not automatically stop removal. In some cases, additional legal steps—such as a deferral request or court application—may be required to delay removal while the H&C application is under review. Timing and legal strategy are critical.
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While it is possible to apply without a lawyer, H&C applications are among the most discretionary areas of immigration law. Weak evidence, missing context, or poor submissions can seriously harm a case. Legal guidance helps ensure humanitarian factors are clearly presented and properly supported.
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Yes. Humanitarian and Compassionate applications can be prepared and submitted by an immigration lawyer regardless of where you are located in Canada. While many clients look for an H&C lawyer “near me,” what matters most is experience with discretionary applications, evidence preparation, and legal submissions. Ayodele Law assists clients in Toronto and across Canada through remote and in-person consultations.
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In some cases, yes. Officers may consider factors such as rehabilitation, time passed since the offence, family hardship, and the best interests of children. Serious criminality or misrepresentation significantly increases complexity and requires detailed legal submissions.
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A refusal does not always mean the end of the road. Depending on the reasons, applicants may have the option to seek judicial review at Federal Court or submit a new application with stronger evidence.
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