This section explains how to process applications for permanent residence when an applicant who is outside Canada makes a request for consideration under humanitarian and compassionate grounds. Requests for H&C must be reviewed on a case-by-case basis. Applicants are free to make submissions on any aspect of their personal circumstances that they believe are relevant to their request for H&C consideration.
If the applicant does not meet the requirements of the class in which the application was made, you may consider the H&C request, except in the case of Ministerial Instructions. The decision maker assesses H&C grounds and decides, in light of all the circumstances of a case, whether or not to grant the requested exemption(s) from the requirements of IRPA/IRPR, including R70(1). The applicant bears the onus of satisfying the decision maker that the H&C factors of their individual circumstances are sufficient to warrant an exemption.
If a positive H&C decision is made, the applicant must still satisfy the remaining requirements for a permanent resident visa including medical, criminal records checks and security screening. The applicant must not have an inadmissibility for which no exemption has been granted. If a new inadmissibility is found, the applicant may request an exemption, the decision maker may use the Minister’s initiative, or the application may be refused. Once all requirements are met, a permanent resident visa may be issued.
