An H&C application is a Humanitarian and Compassion application.
Applying for H&C lets immigrants ask for special permission to stay in Canada (for humanitarian and compassionate reasons) while their permanent residence application is processed.
H&C applications are one of the more subjective process in immigration matters. The applicants need to prove the hardship and risk they would face if they were required to leave Canada and return to home country.
“Hardship” refers to a situation that would cause you serious problems or suffering. You may decide to apply for H&C if you would face hardship if forced to leave Canada and return to your home country. please note that if someone is already established in Canada and can’t return to home country as not being recognized as a citizen or there is no government in charge, he/she should apply for H&C.
Medical hardship：Medical problems do not usually make your case stronger, unless you or a family member risks death because your home country does not offer adequate or appropriate medical treatment. If this is your situation, you must include information about the medical condition in your H&C application, as well as medical information from experts in your home country confirming the danger you or your family member faces if forced to return to your home country.
Proving hardship：To prove you would face hardship if deported to your home country you must show you are already well-established in Canada. Consider the following factors that contribute to your level of establishment in Canada:
• Time living in Canada (the longer the better)
• Time collecting welfare (highly recommend never collecting welfare as officer might deny your claim because of this)
• Your language skills in English/French and your efforts to improve them
• Your efforts to improve your education and skills while in Canada
• The number of family members/relatives you have in Canada (the more the better)
• How much contact you have with family in Canada (the more the better)
• How much contact you have with family in your home country (the less the better)
• Canadian-born children (good) or children still living in your home country (not good)
• Jobs you have had in Canada and taxes you have paid
• Your assets in Canada, including your family home, RSPs, RESPs, bank accounts, investment accounts, business vehicles (the more assets the better)
• Your assets abroad (the less the better)
• Your community involvement (religious or non-religious) and volunteer work
organization, religious community, etc.
• Your financial or cultural contributions to Canada
• The specific hardships you/your family face in your home country
• If you are a woman, the difficulties you face in your home country
“Risk” means a serious possibility any of the following might happen to you if you are forced to leave Canada for your home country. You must prove you face one or more of these risks.
• Persecution (e.g. being treated badly due to your political or religious beliefs)
• Torture
• Risk to life
• Risk of cruel or unusual punishment
Risk of persecution： A Pre-Removal Risk Assessment (PRRA) officer will review any H&C application containing information about the risks of having to leave Canada. You will not be deported until the PRRA officer has reviewed your application and made a decision.
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