Humanitarian and compassionate Considerations

A25 and A25.1 of the IRPA allow for humanitarian and compassionate consideration (H&C) to be granted to certain foreign nationals who would otherwise not qualify for permanent residence if there are compelling humanitarian and compassionate grounds. H&C applicants may submit submissions pertaining to any facts affecting their personal circumstances that they believe are relevant.

Application process:

• Submitting a request
• Who may apply
• Fees

Submitting a request

In Canada: Under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA) in Canada, a request for an exemption based on humanitarian and compassionate considerations (H&C) or public policy considerations (IMM 5283) must accompany a permanent residence application (IMM 0008). Immigration and Refugee Protection Regulations (IRPR) section R10 specifies the requirements for submitting the application.

Overseas: Applicants are required to use one of the existing departmental application forms for one of the three immigration categories (family, economic, or refugee) and provide additional written documentation to support their request under subsection A25(1 ).

Who is eligible to apply

Applicants who are inadmissible or do not meet the requirements of the Act or Regulations may submit a written request for consideration under subsection A25(1). Examining applications for H&C consideration is subject to some restrictions. The following charts explain the restrictions.

Fees

In Canada: All applications submitted under subsection A25(1) must be paid before they can be examined ( A25(1.1) and R307).

Overseas: Applicants for permanent resident visas must pay processing fees before their applications can be considered. If the application is rejected, the fee cannot be refunded.

For refugees applying overseas and requesting H&C consideration, there are no fees for processing an application for a permanent resident visa in the refugee classes. The processing fees for H&C, however, must be collected before an application can be reviewed.

Restrictions on examination of applications

H&C applications are subject to a number of restrictions, including:

• Certain people who have an outstanding H&C request
• Inadmissibilities for which an exemption may not be requested
• Other restrictions on H&C applications
• People who have made a refugee claim
• Calculating the 12 month bar
• Immediate application of the bar
• Exception – Medical condition posing a risk to life
• Exception – Best interests of a child (BIOC)
• Intake of applications for family members