Brampton Immigration Consultancy

Humanitarian &
Compassionate Grounds

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Welcome to Brampton Immigration Consultancy, where we understand that certain situations call for a unique approach. Humanitarian and Compassionate (H&C) consideration is a provision designed to offer permanent residence status or a permanent resident visa to foreign nationals facing extraordinary circumstances. Our dedicated team is here to guide you through the intricacies of the H&C process, providing expert assistance tailored to your specific needs

Factors for H&C Consideration

At Brampton Immigration Consultancy, we recognize that each case is unique. H&C applications are assessed on a case-by-case basis, taking into account various factors:


  1. Settlement in Canada: We evaluate how well-established you are in Canada.
  2. Family Ties: The strength of your family connections within the country is considered.
  3. Best Interests of Children: The impact on the well-being of any children involved is a crucial consideration.
  4. Potential Hardships: We assess the consequences you might face if the request for exemption is not granted.
  5. Country of Origin Conditions: Conditions specific to your home country, including adverse circumstances, are taken into account.
  6. Health Considerations: Your health and the adequacy of medical treatment in your home country are evaluated.
  7. Family Violence: Instances of family violence that may contribute to the need for humanitarian relief.
  8. Separation of Relatives: The consequences of separating close family members.
  9. Unique or Exceptional Circumstances: Any other extraordinary circumstances that may warrant relief.

Reasons for Applying under H&C Grounds

People typically apply for H&C relief for two main reasons: hardship and risk.

Hardship: Refers to situations causing serious problems or suffering, where leaving Canada would lead to hardship in your home country.

Medical Hardship: While medical problems alone may not strengthen your case, the risk of death due to inadequate medical treatment in your home country is a critical factor.

Proving Hardship: Demonstrating your establishment in Canada is vital. Factors include time spent in Canada, language skills, education and skills improvement, family ties, community involvement, and more.

Risk: Proving a serious possibility of persecution, torture, risk to life, or cruel or unusual punishment if forced to leave Canada.

Risk of Persecution: A Pre-Removal Risk Assessment (PRRA) officer reviews risks associated with leaving Canada, and delaying deportation until a decision is made.

Limits on Humanitarian and Compassionate Consideration

- Applicants cannot apply if they have a pending refugee claim. Withdrawal is required before an Immigration and Refugee Board of Canada (IRB) hearing.

- The "one-year bar" restricts applications after a negative IRB decision, unless exceptions apply.

- A waiting period of five years applies after becoming a designated foreign national, receiving a final negative decision, or a negative Pre-Removal Risk Assessment.

- If a refugee claimant becomes a designated foreign national, their H&C application is suspended for five years.

Important Points

- An order to leave Canada does not prevent applying for H&C grounds unless specific restrictions apply. The application is processed even if the applicant leaves.

- There is no right to appeal a refused application. In some cases, the Federal Court of Canada may review the decision.

- H&C applications can only be made when applying for permanent resident status in Canada or for a permanent resident visa abroad.

- Applicants cannot have more than one H&C application simultaneously.

- Different risk factors are not assessed under H&C grounds.

- An H&C application does not prevent deportation unless awaiting a PRRA.