Canadian Humanitarian Visa

The Humanitarian and Compassionate (H&C) program in Canada is an exceptional, discretionary route to permanent residence for foreign nationals already in Canada, not a scheme for refugees to enter and settle in this country. To be eligible for it, an applicant must meet specific conditions and must go through a dedicated procedure.

Below, immigration lawyers in Canada present the most important aspects of this program. You can proceed and read about the humanitarian and compassionate grounds in Canada.

The Humanitarian PR in Canada

The Canadian humanitarian visa or the compassionate visa, can be obtained by people who find themselves in exceptional circumstances that do not allow them to migrate to Canada through the usual programs. The H&C in Canada is a scheme for people already in Canada who would face unusual and undeserved hardship if they had to return to their home countries for various reasons, among which:

• fear for physical or mental wellbeing;
• fear for their lives;
• persecution.

Each case falling under Canada’s humanitarian immigration rules is analyzed separately. Moreover, applicants must meet specific requirements to be allowed to obtain a humanitarian visa.

Oftentimes, such cases prove quite complicated, which is why we recommend requesting specialized advice from our Canadian immigration law firm before forwarding an application for the Humanitarian and Compassionate scheme.

Humanitarian and compassionate grounds in Canada

To be eligible for the humanitarian PR in Canada, an applicant must meet the following conditions:

• they must be living in Canada at the time of the application;
• they do not need valid status in Canada (many H&C applicants have none), but they cannot apply while a refugee claim is pending;
• they must demonstrate hardship, considering their establishment in Canada, the best interests of any child affected and conditions in their home country.

For the last point, we recommend applicants to prepare strong evidence, such as medical and/or police reports, witness testimonies, other documents that may support their application. Our Canadian immigration lawyer can verify all papers to help candidates for the H&C in Canada.

Please note that the compassionate visa for Canada cannot be used to obtain refugee status (refugee claims are a separate process, and H&C is generally barred within 12 months of a negative refugee decision). The visa is created for people who face hardship in their home countries and who already live in this country, not being able to return home.

Documents required when filing for the Canadian humanitarian visa

Canadian humanitarian immigration requires the preparation of various documents, among which:

• the standard application form;
• valid passport;
• proof of current or past status in Canada (if any), which may include work permits, student visas, family reunion visas;
• marriage certificate (in case the applicant is married);
• proof of common law partnership (if applicable);
• evidence that sustains the application.

Our immigration lawyers can help you prepare the dossier to file for the Humanitarian and Compassionate program in Canada. Considering applications are reviewed on a case-to-case basis, the entire process may take between 12 and 24 months to complete.

How many refugees live in Canada?

As one of the largest countries in the world, Canada has already welcomed more than 1 million refugees over time. According to data for 2023:

• 169,448 new refugees entered Canada, 20.5% more compared to 2022;
• in 2022, there were 140,621 refugee applications accepted by the Canadian immigration authorities.

Our lawyers are also at the service of those who want to immigrate to Canada from the USA. We can also help if you want to file for citizenship in Canada.

For more information on humanitarian and compassionate grounds in Canada, please contact us.