The humanitarian situation
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Most people who wish to obtain permanent residence must apply from their home country under a category provided for by law. Section 25(1) of the Immigration and Refugee Protection Act opens up another avenue: a person already in Canada may apply for permanent residence, or for an exemption from a statutory requirement, on humanitarian grounds.
Let’s be clear: this is an exceptional measure, not just another way of applying for permanent residence. It depends on your personal circumstances, the evidence you provide and the officer’s discretion. The first thing you need to establish is whether your case holds water, and under what conditions.
Immigration rules change regularly. The information presented here is for informational purposes only and does not constitute legal advice. For a personalized assessment of your situation, please schedule a consultation.
Under what circumstances can you submit a humanitarian application?
An application on humanitarian grounds is an exceptional route. It allows an applicant to request that one or more statutory or regulatory requirements be waived on the basis of specific personal circumstances. It does not replace any other program, and it cannot be improvised.
As this is an exception, access to this route is subject to certain conditions. Certain personal circumstances, statuses and ongoing procedures limit the possibility of using it, or determine when it may be used. There are exceptions to these restrictions, particularly where a child’s best interests or a person’s health are at stake.
This route is based on a discretionary assessment: nothing about it is automatic. Several criteria may apply depending on your circumstances, and the first thing we check is whether this option is available to you and when.
What are the requirements for putting together a strong humanitarian case?
What criteria must be met to build a strong humanitarian case? There is no set of criteria that guarantees a favorable decision. The case officer assesses all the factors you present, including your settlement in Canada, any inability to leave the country that led to this settlement, your ties here, health considerations, situations of domestic violence, the consequences of separation from your loved ones, and factors specific to your country of origin that are unrelated to a claim for protection.
The best interests of any child directly affected by the decision are always taken into account: their age, their residence in Canada, their education, their medical needs and the conditions in the country to which they would be sent. It is important to be aware of a common misconception: these best interests do not take precedence over everything else; they are simply one factor amongst others.
Everything you claim must be substantiated. A letter describing a difficult situation, without supporting documents, carries almost no weight. It is a matter of compiling a dossier: employment certificates, proof of residence, school reports, medical reports, letters of support, documentation on the country of origin – each piece of evidence linked to the point it supports.
Our role is to put together this case, to refute any arguments that might weaken your claim, and to tell you, before it is submitted, what we really think your chances are.
What other steps are required whilst your application is being processed?
The most important point is also the one that is most widely misunderstood: a humanitarian application does not, on its own, suspend removal proceedings. A case of this kind must therefore always be considered in the context of the actual timetable, and rarely in isolation from other possible courses of action.
During the application process, you must respond to requests for documents, provide biometric data within the specified timeframe, undergo a medical examination if required, and report any changes in your circumstances. A humanitarian application is a long-term process: new evidence can and should be added as your circumstances change.
Depending on your situation, other options may be explored at the same time. What is possible depends entirely on the circumstances and will be decided in consultation with you. We will monitor the case, respond to IRCC on your behalf – including to any letter regarding procedural fairness – and represent you throughout the process.
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Alice mardelet-santamaria
Lawyer and founder of the firm
Chloé yin
Chartered Canadian Immigration Consultant (CRIC)
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The questions our customers ask us most often.
The submission of an application on humanitarian grounds does not, in itself, suspend a removal order. The possible courses of action in this context are urgent and must be assessed without delay.
The two procedures are governed by separate rules, and the way they are coordinated is set out in law. This is precisely the sort of situation where you should seek advice on your case before taking any action.
The best interests of the children directly affected are a factor that the decision-maker must take into account, but they must be assessed in the context of the situation as a whole. No single factor, on its own, guarantees a favorable outcome.
The law sets limits on the number of applications that can be processed at the same time. Before submitting an application, it is best to check what is permitted in your circumstances.
No. An asylum application is based on a need for protection; a humanitarian application seeks an exemption based on a person’s overall circumstances. The procedures, the authorities involved and the timeframes differ.
Immigration rules change regularly. The information presented here is for informational purposes only and does not constitute legal advice. For a personalized assessment of your situation, please schedule a consultation.
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