Status Expiring in Canada? How Humanitarian &
Compassionate Grounds Can Help
If your immigration status in Canada is about to expire and
conventional pathways are not an option, there may still be a way to legally
remain in Canada. Under Section 25(1) of the Immigration and Refugee Protection
Act (IRPA), the government may grant exemptions on Humanitarian &
Compassionate (H&C) grounds based on exceptional life circumstances.
Who Can Apply?
Inside Canada:
Foreign nationals can submit a direct PR application on H&C grounds from
within Canada. IRCC provides a detailed guide (Guide 5291) outlining the
process for humanitarian applications. This pathway allows applicants to
request permanent residency, work permits, or temporary residence based on
compassionate considerations.
Outside Canada:
While there is no separate H&C application, you can request consideration
through existing applications such as:
- Family
sponsorship
- Economic
immigration programs
- Refugee
applications
Rule 66 of the Immigration and Refugee Protection
Regulations (IRPR) provides the framework for these requests.
Key Factors Considered by IRCC
When reviewing an H&C application, visa officers
evaluate:
- Best
interests of children
- Establishment
in Canada
- Hardship
or adverse conditions in the home country
- Public
policy or compensation grounds
- Gender-based
risks
- Medical conditions
Applicants must present:
- Compelling
evidence and documentation
- Strong
personal narrative and story alignment with IRCC policy
- Legal
considerations and case law supporting their claim
Procedure
For applicants outside Canada, an initial refusal from IRCC
may be transferred to the H&C department for review. Inside Canada, you can
apply directly through the IRCC H&C process.
Navigating H&C applications is complex and requires
precise documentation and legal guidance. A licensed Canadian immigration
lawyer can ensure your application is complete, strong, and legally sound,
maximizing your chances of approval.
Contact us today for a free consultation to explore your
H&C options and understand the steps you can take to stay in Canada
legally.
