Humanitarian and compassionate grounds

Humanitarian and compassionate grounds apply to people with exceptional cases. We assess these applications on a case-by-case basis. Factors we look at include:

• how settled the person is in Canada
• general family ties to Canada
• the best interests of any children involved, and
• what could happen to you if we do not grant the request.

Other rules that apply to humanitarian and compassionate grounds:

• You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
• You cannot have more than one humanitarian and compassionate grounds application at the same time.
• We will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:
  • you have children under 18 who would be adversely affected if you were removed from Canada, or
  • you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.
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  • Sponsor a refugee

    The Private Sponsorship of Refugees (PSR) program lets private groups sponsor eligible refugees abroad. As the private sponsor, you’ll support a refugee for the sponsorship period, usually up to 1 year. The support you provide will include

    ·        start-up costs, such as furniture and clothing

    ·        on-going monthly costs for basic necessities, including housing, food, and public transportation

    ·        supporting refugees socially and emotionally.

    Refugee status

    Canada offers refugee protection to some people in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include

    ·        torture

    ·        risk to their life

    ·        risk of cruel and unusual treatment or punishment

    To come to Canada as a refugee, you must be referred. The United Nations Refugee Agency (UNHCR), a designated referral organization, or a private sponsorship group can refer you. You cannot apply directly.

    To be referred, you must fall into one of these two refugee classes.

    1) Convention refugee abroad class

    You may be in this class if you:

    ·        are outside your home country,

    
    ·        cannot return there due to a well-founded fear of persecution based on

    ·      race

    ·      religion

    ·      political opinion

    ·      nationality, or

    ·        membership in a particular social group. Examples: gender, sexual orientation, etc.

     

    Convention refugees can be sponsored by: 

    ·         the Government of Canada (government-assisted refugees),

    ·         a group of people or an organization (privately sponsored refugees), or

    ·         a mix of both (blended visa office-referred refugees).

    You can also be a Convention refugee if you have the funds needed to support yourself and your family after you arrive in Canada. You will still need the UNHCR, a referral organization, or a private sponsorship group to refer you.

     

    2) Country of asylum class

    You may be in this class if you:

    ·         are outside your home country, or the country where you normally live, and

    ·         have been seriously affected by civil war or armed conflict, or

    ·         have been denied basic human rights on an ongoing basis.

    Country of asylum class refugees can be privately sponsored. You can also be in this class if you have the funds you need to support yourself and your family after you arrive in Canada. You will still need the UNHCR, a referral organization, or a private sponsorship group to refer you.

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