Restrictions on Examinations of Humanitarian & Compassionate (H&C) Applications

The Various Restrictions on Examining H&C Applications

Before applying for a humanitarian and compassionate consideration application, it is extremely vital for you to determine whether you can apply in the first place. Much like other immigration applications, there are eligibility requirements that must be met in order to apply. In the circumstance of humanitarian and compassionate considerations, there are also restrictions on examinations of these applications. Therefore, in this article, I will address the specific restrictions on examinations of humanitarian and compassionate consideration applications.

Who is Able to Apply for an H&C Consideration Application

Humanitarian and Compassionate (H&C) consideration has been created and intended to provide the flexibility to allow permanent residence status to a foreign national who would otherwise not qualify under any other immigration class. They must also have significant and compelling humanitarian and compassionate grounds. Applicants that desire to apply for humanitarian and compassionate consideration can make a submission on any factors that have affected their personal circumstances and they believe these factors are relevant to the request for humanitarian and compassionate consideration.

Additionally, an important circumstance that is seen in almost all humanitarian and compassionate consideration applications is that most individuals that apply have or currently are suffering from excessive hardship, if they would return back to their home country. Moreover, any costs and inconvenience are not considered excessive hardship.

Restrictions on Examinations of H&C Applications

As previously mentioned, humanitarian and compassionate consideration applications do have restrictions when examining these applications. There are a number of different circumstances that would unfortunately be restricted. Below, I will explain each in detail.

Individuals who have an Outstanding H&C Request

If a humanitarian and compassionate consideration application was received by Immigration either on or after June 29, 2010, and the applicant already has a pending H&C application then the H&C application would not be examined and unfortunately there are no exceptions to this rule. Immigration will return the government fee and the application to the applicant. Keep in mind, this could potentially include an H&C request made in conjunction with another permanent residency application.

Inadmissibility with No Exemption Granted

If a humanitarian and compassionate consideration application was received by Immigration either on or after June 19, 2013, and the applicant is found inadmissible under section A34, A35 or A37 of the Immigration and Refugee Protection Act, then the H&C application would not be examined. There are no exceptions to this rule. Immigration will only return the government fee and the application so long as the processing of the application has not started. On the other hand, if a humanitarian and compassionate consideration application was received by Immigration either on or after June 19, 2013, and the applicant is suspected to be inadmissible under sections A34, A35 or A37 and a final decision has not yet been made, then the H&C application would be sent for further assessment of the suspected inadmissibility. The government fees would then be kept my Immigration while they determine a decision. If it is determined that the applicant is in fact inadmissible, then the application will be refused. However, if it is determined that the applicant is not inadmissible, then Immigration will proceed to process the H&C application.

Other Restrictions on H&C Applications

If a humanitarian and compassionate consideration application was received and the applicant is a permanent resident of Canada or a Canadian citizen when the application was received, then the H&C application would not be examined. There are no exceptions to this rule. Additionally, Immigration will return the government fee and the application to the applicant. On the other hand, if a humanitarian and compassionate consideration application was received and the applicant became a permanent resident of Canada or a Canadian citizen only after the processing of the H&C application had already started then the H&C application would not be examined. There are also no exceptions to this rule. However, Immigration, in this case, will send a refusal letter to the applicant and would keep the government fee. Lastly, if a humanitarian and compassionate consideration application was received and the applicant is a former permanent resident of Canada or a Canadian citizen who has lost their status, then the H&C application would be examined only if the loss of status has been duly confirmed. If the loss of status has not been confirmed, then Immigration will return the application and the government fee to the applicant. Immigration must do this as they cannot have an open application while loss of status is being examined.

There are other restrictions to the examinations of humanitarian and compassionate consideration applications such as: individuals who have made a refugee claim or who are classified as designated foreign nationals; individuals who have a 12-month bar; and intake of applications for family members. There are also exceptions to the restrictions. For instance, if an individual currently has a bar yet they have a medical condition posing a risk to life or for the best interests of a child. In these cases, the Immigration officer will use their discretion and flexibility to assess those humanitarian and compassionate consideration applications.

Contact Akrami & Associates

If you want to apply for permanent residency in Canada with H&C consideration, Akrami & Associates can definitely help you with this process. Applying for an H&C consideration application can be quite confusing, especially if you are unfamiliar with how Immigration applications work. Moreover, any Immigration application can become overwhelming if done alone; therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply. Additionally, it is extremely important that you take into consideration the aforementioned information prior to submitting an application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients obtain permanent residency inside Canada through humanitarian and compassionate consideration. If you believe that you might be eligible to apply, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way