Making a humanitarian and compassionate (H&C) application

This information is for front-line workers and advocates working with women who have experienced family violence and do not have immigration status but want to stay in Canada permanently.

Immigration law in Canada is complicated. It is easy to make a serious mistake. It is important that a woman with concerns about her immigration status try to get legal help.

This resource explains:

• what a humanitarian and compassionate (H&C) application is
• what Immigration, Refugees and Citizenship Canada (IRCC) considers in deciding an H&C application
• what kind of evidence can support the application

How can front-line workers help?

You may be able to help a woman who does not have permanent status in Canada and is thinking of making an H&C application by:

• telling her where to get legal advice about her options to stay in Canada, including how successful an H&C application may be
• explaining what IRCC considers on an H&C application
• helping her gather evidence to support an H&C application

What is an H&C application?

An H&C application asks IRCC to allow the applicant to apply for permanent residence based on humanitarian and compassionate grounds when they are already in Canada.

An H&C application has 2 stages of approval:

1. The applicant first has to be approved to apply for permanent residence in Canada for humanitarian and compassionate reasons (“approval‑in‑principle”).
2. The applicant then has to be approved for permanent resident status in Canada.

At the second stage, they must meet certain conditions, for example, medical, security, and criminal checks. An applicant who is approved at the first stage can still be refused at the second stage, if they do not meet those conditions.

But in some cases, an applicant can ask to be excused from meeting a condition. For example, they can ask to be excused for not being able to support themselves financially, for having a medical condition that will burden the health-care system, or for being convicted of a certain crime.

Because there is usually no hearing or interview, it is important to:

• send the best possible evidence to support the application,
• explain all of the reasons to stay in Canada, and
• keep updating the application with any new evidence and information until IRCC makes a final decision.

If there are mistakes in the application or if the supporting evidence is not strong, the application may be denied.

What are humanitarian and compassionate reasons?

Almost any reasons that would make people feel compassion and want to help the applicant can be the basis for a successful H&C application.

For example, being established or settled in Canada, and the hardship an applicant will face if they have to return to their home country, can support a successful H&C application.

Another factor is if there is a child who would be directly affected if the applicant had to return to their home country. IRCC must consider what is in the child’s best interests.

Some other reasons an applicant might give include:

• their ties to Canada, including family ties
• what would happen if family members were separated
• concerns about their physical or mental health
• the impact on their lives of family violence they experienced in Canada or will experience if they were sent back to their home country

The decision on an H&C application is “discretionary”. This means that immigration officers have a lot of freedom in deciding these applications.

But their decision must follow the law. They must also consider all of the evidence as a whole. This means that they do not look at each piece of evidence on its own, but instead they look at all of it together.

Hardship

The hardship that the applicant would face in their home country if they had to leave Canada can support an H&C application.

Examples of hardship or difficulties that an applicant might face in their home country could include:

• a lack of suitable health care, including mental health care, and the potential psychological harm of returning to a place of trauma
• poverty
• lack of ties to the home country
• discrimination based on religion, gender, or something else
• a poor education system for the applicant’s children, including a lack of accommodation and support for any learning differences or challenges
• laws, practices, or customs that might put the applicant at risk of abuse or social stigma
• other factors that have a negative impact on the applicant like war, natural disasters, political instability, not enough jobs available, or widespread violence

Establishment in Canada

Being established or settled in Canada can support an application. Examples that show an applicant is established include:

• how long they have lived in Canada and why they have been living here
• their work history in Canada as well as their volunteer or community work here
• their level of education, skills, and training
• if they can speak English or French
• if they have children born in Canada
• the community they have in Canada including family members and friends who are willing and able to help them, or who they help
• assets or savings they have in Canada

It might be difficult for a woman to show how settled she is in Canada if her abuser did not let her stay in contact with her community and friends. Or did not allow her to work or go to school.

In that case, it is important that a woman explain how the abuse prevented her from establishing herself in Canada more. She can include as evidence, social science studies that show that her experience is common in cases of abuse.

IRCC may see a woman who got or is on income assistance as not being settled or established in Canada. For example, she may be on Ontario Works (OW) or the Ontario Disability Support Program (ODSP).

So, it is important that a woman who got income assistance explain why she needed it.

For example, she might explain that she needed help to leave an abusive relationship. Or, that her abusive former partner was not paying child support. Or, that she was not eligible for a work permit, but if her H&C application was approved, she could apply for one and start working.

And, if a woman is on income assistance, she may need to ask that she be excused from the condition to support herself financially at the second stage of processing.

IRCC guidelines say that immigration officers at the second stage of processing must consider that women may need to rely on income assistance because of the family violence they have experienced.

Best interests of a child

IRCC must consider the best interests of any child under the age of 18 who could be directly affected by the decision on the application. This could include, for example:

• the applicant’s own child, no matter where the child was born or where they live, whether in Canada or elsewhere
• a child in Canada who is not the applicant’s child but with whom they have a close relationship. For example, this could be a child that the applicant looks after, such as a niece or grandchild, or a friend’s child
• a child outside Canada who is not the applicant’s child but who relies on their support in some way. For example, a niece or grandchild abroad who they support financially

Examples of what could have an impact on the best interests of a child include:

• the child’s age
• the relationship between the child and the applicant, or between the child and others
• separation between the child and any parent or close relative in Canada that is a citizen or permanent resident
• how long the child has been in Canada and the child’s ties to Canada and to the applicant’s home country
• any medical issues or needs related to a disability
• the child’s education
• conditions in the applicant’s home country that could impact the child, for example, customs that girls and women in the applicant’s home country must follow

IRCC must pay close attention to what is best for the child when it decides whether to accept an H&C application.

Some factors may have a much greater impact on a child than on an adult. So, the same facts might make an H&C application stronger if a child is affected.

It is important to explain the child’s situation and the relevant factors in detail and with supporting evidence.

If the child is 18 years or older

The situation of a child aged 18 or older can also support an applicant’s H&C application. For example, if the child depends on them in some way, or the family will be separated if their H&C application is refused.

What evidence can support an H&C application?

An H&C application will not succeed without supporting evidence.

The kind of evidence needed depends on the facts of the case. A lawyer preparing the H&C application can suggest what evidence is useful and how a front-line worker can help a woman collect the evidence she needs. An application must include as much helpful evidence as possible.

Here are some examples of documents that might be helpful.

Letters

Supporting letters from the following people or organizations might help support an H&C application. They may help show how established a woman is in Canada, the hardships she might face in her country, the best interests of her child, or other points in her case.

Letters from family and friends, for example, letters from:

• family members who are Canadian citizens or permanent residents — include how they are related to the woman, why the woman should be allowed to stay, how the woman helps them, and the impact on the family if she is forced to leave Canada
• friends and neighbours in Canada, to show that the woman is a valued member of a community — include how she helps them, for example, with childcare, housework, or emotional support, and any negative impact they will face if she must leave Canada
• a child who will also have to leave if the woman has to leave Canada — include why they want to stay here
• a child who will be affected if the woman has to leave Canada — include details about their relationship, how she helps them, and why they want her to stay in Canada

Letters about work or school, for example, letters from:

• employers — include the woman’s job title and the type of work she does, work history, pay, any positive comments that the employer can make about her and any negative impact on the employer if she has to leave Canada
• schools or training programs — to show the woman’s attendance and progress at school, including any English language courses, if needed
• letters that show how involved she is in her community, for example, letters from:
  • religious leaders or members of their faith community — to show that the woman is involved in a faith community as a volunteer or participant
  • volunteer work coordinators – to show that the woman volunteers in her community and contributes to those around her – include any positive comments the volunteer coordinators can make about her

Letters to show her experience with family violence and health concerns, for example, letters from:

• women’s shelters or counsellors to show that the woman tried to get help because of family violence
• therapists or counsellors to show that the woman has concerns about how she will deal with hardship or difficulties she would face if returned to her home country
• experts or medical professionals from the woman’s home country to show that their country cannot provide the type of care she or a child need for their health, including mental health, or any disabilities they have

Letters from people involved in an affected child’s life to show what is in their best interests may also be helpful.

For example, letters from teachers, neighbours, health-care providers, coaches, friends, and other community members, to show that the child has strong ties to the community. Include how the child relies on the woman and why she should be allowed to stay in Canada.

About the letter writer

These letters of support should be addressed to IRCC and include:

• the date
• the name of the writer
• how they know the woman or her child and when they met
• their contact information, including phone number and address
• a copy of a document that proves the writer is a Canadian citizen or permanent resident if they are one, for example, a Canadian permanent resident card or passport

If the letter writer is not a permanent resident or Canadian citizen, they can include a copy of an identification document from the government to show that the letter is genuine, such as a driver’s license.

All letters should be signed by the writer.

Service providers or professionals do not need to provide a copy of their identification document if they write their letter on letterhead.

Letters are more helpful if they are detailed, heartfelt, and include specific examples.

Reports and records

The reports and records listed here are not required. But they might help support an H&C application.

Health or disability related records:

• Medical reports, hospital records, treatment plans, letters from a doctor, or prescriptions for medicines — for example, for any injuries or trauma relating to family violence, a disability, or a medical condition including mental health concerns for which suitable care is not available in a woman’s home country.
• Psychological assessments including any diagnoses and treatment plans — for example, regarding a child’s learning and development needs. Or how being forced to leave Canada would impact the woman and her child, such as the impact of returning to a country where they experienced trauma.
• Records of the supports a child with a disability or health concern gets from their school or the community — for example, learning plans and accommodations.

Records from the police or legal system:

• Police incident reports — for example, reports of when the police were involved in family violence situations if there are any. But a woman is not required to report to the police for her H&C application to be approved.
• Documents from the victim assistance program if there are any.
• Court records — for example, records of a criminal court case against an abuser or a family court case.
• Child custody or parenting records — for example, agreements or court orders, if she has any.

Education and volunteer records:

• School records — for example, Canadian school report cards to prove the years a woman or her child studied here. Include all diplomas, certificates, and awards.
• Records of training she received before coming to Canada to show she can support herself.
• Records of a child’s extracurricular activities in Canada.
• Volunteer records or awards to show her contributions to the community.

Records of finances and work:

• Bank records and other evidence of financial assets.
• A job offer if an employer is waiting until she can get a work permit.
• Pay stubs and other evidence of income, or proof of paying taxes — for example, copies of her T4 form, Notice of Assessment from Canada Revenue Agency, or proof of cash jobs.
• Rent receipts, a letter of support from a landlord to show she is a reliable tenant.
• proof of bank transfers to show that she financially supports a child in her home country.

Visual records:

• Art by any child affected.
• Photographs of the woman and child spending time with family and friends, at work or school, or taking part in community activities. For each photo, include a note explaining who the people in the photos are, when and where the photos were taken, and what the photos show.

Conditions in home country

It may be helpful to include evidence about any hardships a woman and her child may face in their home country.

This evidence might include, for example, news articles, reports by non-governmental organizations or governments, or expert reports about:

• a lack of protection for women who are abused
• poor medical care for a health condition she or her child has
• the effect the country’s culture or customs has on a woman’s safety or well being
• high rates of poverty or violence against women and children
• poor treatment towards people with a characteristic the woman or child has, such as a disability, language, sexual orientation, religion or ethnicity

Include personal evidence that shows that the woman or affected child has that personal characteristic.

Social science evidence

It may be helpful to include social science evidence to explain why the woman:

• may need to be excused from meeting conditions at the second stage of processing
• cannot show that she is more established in Canada

This evidence might include, for example, academic research, news articles, or reports by non-governmental organizations.

They can show how being in an abusive relationship, or living without status or with uncertain status is known to affect a woman’s ability to:

• support herself, or
• be a part of the community.

What happens after an application is made?

H&C applications can be decided within a few months. Or it can take longer.

In the meantime, a woman’s situation can change. It is important to report any changes to IRCC when they happen.

This includes changes in marital status and number of children. It also includes:

• change of address, email address, or phone number
• new information that would support the application, for example, information about how she is now more established in Canada
• changes that might contradict something in her application or that could mean she no longer meets a certain condition for getting permanent residence. For example, if she:
  • was working but is now on OW or ODSP
  • has new criminal charges or convictions
  • develops a serious health condition

A woman should get legal advice right away about how any changes may impact her application.

It is important not to delay because IRCC can decide the application at any time. And new evidence and information that could affect the decision must be sent to IRCC as soon as possible.

Making an H&C application does not give an applicant the right to remain in Canada until the application is decided. Before applying a woman should get legal advice to find out about the risk of being forced to leave Canada.

Getting legal help

A woman should get legal advice from and immigration and refugee lawyer before she makes an H&C application. A lawyer can help her understand:

• her options to stay in Canada
• how her experience with family violence affects her application
• whether her application may be successful

It is best that an immigration lawyer advise and represent a woman making an H&C application.

There may also be legal issues affecting her situation that she is not aware of. For example, she may be from a country that Canada is not sending people back to because of the human rights situation there.

She may also need to speak to a family lawyer, especially if she has children. In some situations, if there is a court order under family law that deals with the children, her removal from Canada might go against the order.

A woman should also know that if she does not have immigration status in Canada and she contacts the police, they may decide to contact immigration authorities. The police database will show if there is an immigration warrant in her name.

Here are some places where a woman can get legal information or advice:

Community legal clinics

Community legal clinics give free legal advice to people with low incomes, but not all clinics deal with immigration issues. Student legal clinics in law schools in Toronto, Kingston, London, Ottawa, Thunder Bay, and Windsor also represent and help some people.

To find a legal clinic or any Legal Aid Ontario (LAO) service, visit the LAO website or call 1-800-668-8258 Monday to Friday between 8 a.m. and 5 p.m. For TTY use Bell Relay Service 711.

Legal Aid Ontario telephone line

LAO gives general information and referrals over the phone to people of all income levels, and up to 20 minutes of free general legal advice in many languages.

LAO also has 4 regional offices with a Francophone legal advice line that gives legal information and advice in French to people living in those areas.

Legal aid certificates

LAO gives free legal aid certificates that pay for a lawyer’s services, if a person qualifies based on their income and legal issue. LAO says calls from people experiencing domestic violence get quicker service.

Refugee claims and H&C applications are some of the legal issues LAO may give a certificate for. LAO does not give certificates for temporary residence permit (TRP) applications. But some community legal clinics help people with TRP applications.

LAO’s online lawyer directory may help you find a lawyer who accepts legal aid certificates.

People who have experienced family violence may qualify for a free 2-hour session with a lawyer. This is available through LAO, and some women’s shelters and community legal clinics.

A woman who needs advice from a family lawyer and an immigration lawyer can ask for both.

Law Society Referral Service

This is an online service that gives users the name of a lawyer in their area who they can consult with for free for up to 30 minutes. They can ask for a lawyer who speaks their language, accepts legal aid certificates, or both.

There is also a phone line for people who cannot use the online service. For example, if they are in custody, in a shelter, or in a remote community without access to the internet. This line is available Monday to Friday between 9 a.m. and 5 p.m. Call 1-855-947-5255.

Barbra Schlifer Commemorative Clinic

This organization represents women who experience physical, sexual, or psychological abuse for free in family and immigration law cases.

They also offer counselling and language interpreter services. Call 416-323-9149, for TTY call 416-323-1361.

Luke’s Place

This organization provides free legal advice, support, and referrals to women across Ontario who have experienced abuse. They have a Virtual Legal Clinic that connects women with lawyers for free legal advice on family law issues. Call 1-866-516-3116.

The Ontario Legal Information Centre phone line

This service offers a free 30-minute meeting with a lawyer to get legal information over the phone or online. Book a virtual meeting online or leave a message, and a lawyer will call back. Call 1-844-343-7462.

Ontario Women’s Legal Centre

The Centre provides free summary legal information and advice in family law to Francophone women in Ontario who have experienced domestic violence. A lawyer may also review family court forms or separation agreements.

If a woman experienced sexual assault, she may be able to get additional summary advice in immigration, housing, or criminal law.

Fill out an intake form to get legal help. Or call 1-833-632-0838.

Other community resources

Assaulted Women’s Helpline

The Helpline provides crisis counselling and referrals to shelters, transitional housing, legal advice, and other services 24 hours a day, 7 days a week, for women across Ontario. It is free and available in over 100 languages, including 17 Indigenous languages.

Call 1-866-863-0511. Or call #SAFE (#7233) on a Bell, Rogers, Fido, or Telus cellphone. For TTY use 1-866-863-7868.

Fem’aide

This is a helpline for Francophone women in Ontario seeking support, referrals, and information on woman abuse, including sexual assault. It is available 24 hours a day, 7 days a week. You can chat online with a counsellor. Or call or text 1-877-336-2433. For TTY use 1-866-860-7082.

211 Ontario

This website is an online resource to help people find community and social services available across Ontario. The 211 resource includes a telephone referral service for all types of social services. It is available 24 hours a day, every day of the year, in more than 150 languages. Call 211.

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November 2024