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Humanitarian and Compassionate 
IRPA A25

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Nutshell version of H&C

This is a pathway to Permanent Residence, based on Humanitarian and Compassionate factors. As the title suggests, this is when a measure of mercy is called for. You are asking for an exemption from any criteria listed in the ACT.

This is used when there are no other pathways available and when the officer is convinced that there are compelling reasons why you need this special consideration.

This application can be made from inside of  Canada, and also from outside of Canada, but the case is probably stronger if you are in Canada because it is easier to show that you have established yourself.

Important to know: Persecution in home country is not a base for H&C – this would fall under the category of refugee.

There are many reasons why a H&C might be appropriate – the main ones are:

In the best of interest of the child

Establishment in Canada

Family ties in Canada

Misdiagnosis in home country/ unavailability or unaffordable medical treatment.

 

There are some cases where an H&C will not be considered:

A34 – security, espionage, threats to Canada’s security

A35 Human rights violations including war crimes.

A35.1 Terrorism – engaging or acts – this would relate to leaders or individuals who are under sanctions.

A37: Organized crime including trafficking and money laundering.

These categories are not awarded the right of appeal for any of the applications.

Make no mistake, this is not an easy application and there is a high risk of failure. The requirements are strict but more than this, the officer relies on their perception of the truth being told or if the story is deceptive or exaggerated. Officers have a huge amount of discretion.

Canada allowed 13,750 admissions of persons selected on H&C grounds, for reasons of public policy and in the permit holder class.  They are stipulating a cap of $8000 for 2025 and the same for 2026. 

If you are interested in this application, please do book a consultation - refer to our home page, This is not an easy application, it is an expensive route, and we will only undertake a case under H&C if we feel that we have a strong case. 

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