Last updated on April 5th, 2021
People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate (“H&C“) grounds.
Humanitarian and compassionate grounds apply to people with exceptional cases.
Here are 2020 approval statistics for humanitarian & compassionate class applications.
Below are sample H&C decisions that were used in an Immigration, Refugees and Citizenship Canada training session.
For each example, IRCC provided a chat to show a portion of the officer’s decision-making steps to describe context of the application.
As can be seen, a big deficiency in many H&C applications is the applicant not providing documentary examples to substantiate their assertions in claim.
The H&C requests were based on the following situations:
- Domestic violence in Mexico from two former partners
- Discrimination in Japan
- Criminal gangs in Honduras
- Members of a drug cartel
- Land dispute
- Adverse country conditions in Bulgaria
- Membership in a political party
- Adverse country conditions in China
- Adverse country conditions in Fiji
- Religious discrimination in Bangladesh
The following PDF contains internal Canada Border Services Agency documentation regarding removals from 2012-2019.
It includes removals broken down by inadmissibility, the number of administrative deferrals of removals, yearly removal priorities, breakdowns by top country, cost of removals, the number of outstanding removal orders and temporary suspensions of removal.Read more ›
The following is the 2018 Migration Office Overview for Berlin.Read more ›
Immigration, Refugees and Citizenship Canada (“IRCC”) will often tell people that they do not need to hire a lawyer or consultant in order to immigrate to Canada. They are right.
In 2018 IRCC approved 191,337 applications for permanent residence.
Of these, 7,334 were represented by a lawyer, 11,262 were represented by a regulated consultant, 52,066 were represented by a family member or friend, and 191,337 had no representative.
IRCC in 2018 also approved 17,678 applications in which there was a lawyer as representative, 17,554 in which there was a regulated consultant, 258,802 in which the representative was a family member or a friend, and 2,448,311 in which the person was unrepresented.
While the above statistics do not show approval rates or refusals, which are not publicly available nor do I possess, and it is possible that there is a prevalence of ghost representation that is not reflected in the statistics, the approval figures certainly demonstrate that it is not necessary to hire a representative to immigrate to Canada.
Do You Need a Lawyer
When someone asks whether they need a representative in their application I typically tell them to review the IRCC website, forms and document checklists and to then decide whether they are comfortable submitting an application on their own. If they are not, then they should hire a representative, or at least schedule a consultation with one to discuss what is causing them to be uncomfortable.
For those individuals who are more or less comfortable with the material on the IRCC website, the decision of whether to hire a representative is a cost-benefits analysis.Read more ›
A frequent question that people ask is what role their Member of Parliament can play in assisting them.
In my opinion, the biggest role an MP can play is getting a timely status update. MPs typically can get an update in 48 hours, as opposed to 30 days for an Access to Information Act request or 14 days for a Case Specific Enquiry.
MPs can also write letters on files. As Justice Ahmed noted in Nagarasa v. Canada (Citizenship and Immigration), 2018 FC 313, visa officers have to take these letters into consideration when assessing applications.Read more ›
Borderlines Podcast Episode #46 – An Interview with Sergio Marchi, Canada’s Immigration Minister from 1993-1995
Sergio Marchi was Canada’s Minister of Citizenship and Immigration from 1993-1995.
3:00 – Does someone keep the Minister title their whole life?
4:50 – What was the political consensus regarding Canadian immigration at the end of the 1980s? How did the Reform Party impact things?
8:00 – The mix of immigrants between economic, family and humanitarian immigrants.
11:15 – What dictates whether IRCC meets its level targets?
14:30 – The Brian Mulroney government was considering moving immigration under Public Safety. Under Sergio Marchi it instead became it’s on Ministry. What prompted this?
17:30 – Canadian attitudes to refugee resettlements and misconceptions.
20:45 – Sources of resistance to refugee resettlement. Resettled refugees vs asylum seekers.
23:00 – Changes that Minister Marchi made to the refugee determination process.
25:00 – What was Minister Marchi’s approach to intervening on specific cases? When would Minister Marchi help Members of Parliament on constituent files? Did it matter which political party the MP was from?
32:00 – The impact of a police officer who was shot by an illegal immigrant on deportation policy.
36:00 – Whether the Canada Border Services Agency should be under the immigration umbrella.
37:30 – What Minister Marchi considers to be his main accomplishments and the implementation of the right of landing fee.
45:00 – Minister Marchi’s push to remove the Queen from the citizenship oath.Read more ›
Borderlines Podcast Episode 45 – Spousal Sponsorship Delays and Refusals, with Chantal Dube and Syed Farhan Ali
Syed Farhan Ali shares his Canadian immigration story. During the time that his spousal sponsorship application was in process he was denied temporary entry to Canada, missed the birth of his first child and missed her first steps. He recently arrived in Canada after a three year application process.
Chantal Dube is a Spokesperson for Spousal Sponsorship Advocates, a group with more than 5,000 members in Canada that argues for reforms to the family reunification process.
3:15 Said tells the story of his spousal sponsorship application. His application took 34 months to process. During the processing of his application Canada denied his visitor visa applications. He missed the birth of his children and their first steps, although he was able to reunite with his wife during brief trips to the United States, which did grant him a visitor visa.
21:00 We discuss the refusal of temporary resident visas for people with spousal sponsorship applications in process, people with frequent travel histories, people with American multiple entry visas, and judicial reviews.
25:00 How long a judicial review takes.
29:50 Assessing genuineness in a spousal sponsorship application, and the distinction between “low risk and high risk” in the checklists.
33:00 The strange quirk in the Family Class where people have to prove that their relationship is genuine but immigrants and foreign workers do not. The same is true for work permits, where the spouses of Canadians cannot apply for work permits from abroad, but the spouses of foreign workers can.
38:00 What are major issues that Sponsorship Advocates seeing?
39:45 What things can trigger genuineness concerns? » Read more about: Borderlines Podcast Episode 45 – Spousal Sponsorship Delays and Refusals, with Chantal Dube and Syed Farhan Ali »Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
- Business and Entrepreneur Immigrantion
- Citizenship Applications and Revocations
- Family Class (Spousal Sponsorships, Parents & Grandparents)
- Humanitarian and Compassionate
- Immigration and Refugee Board
- Immigration Consultants
- Immigration Trends
- Judicial Reviews
- Labour Market Impact Assessments
- Maintaining Permanent Residency
- Provincial Nominee Programs
- Skilled Immigration (Express Entry, CEC, FSWC, Etc.)
- Study Permits
- Tax and Trusts
- Temporary Resident Visas
- Work Permits