When facing an irregular status or a denial of asylum, applying for permanent residence on humanitarian grounds is often the last legal recourse to remain in Canada. Navigating this process without an immigration lawyer specializing in humanitarian considerations risks an incomplete application, an avoidable denial, and a hasty removal.
✓ Experience with complex applications based on humanitarian considerations, particularly in cases of asylum refusals and situations of vulnerability.
✓ Customized legal strategy based on IRCC criteria and recent case law
✓ Member in good standing of the Quebec Bar: firm established in Montreal since 1987
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The CH application is an exceptional legal mechanism enshrined in federal law. It allows individuals who would otherwise be unable to obtain permanent residence to seek a favorable decision based on their personal circumstances. Understanding its specific framework is the first step toward a solid legal strategy.
Applications for permanent residence on humanitarian and compassionate grounds (H&C) are discretionary tools that grant the Minister the authority to grant permanent resident status, or an exemption from the requirements of the IRPA, to foreign nationals who would not otherwise be eligible under any other immigration class. This mechanism is provided for in section 25(1) of the Immigration and Refugee Protection Act (IRPA).
These discretionary tools provide flexibility in deserving and exceptional cases and are widely regarded as the “safety net” of the legislation. This is not an automatic right, but rather a rigorous individual assessment that your lawyer must prepare carefully.
An asylum claim seeks protection in Canada when a person has a well-founded fear of persecution or faces a risk as defined by the Immigration and Refugee Protection Act, and cannot or will not seek protection from their home country. An application for permanent residence on humanitarian and compassionate grounds (H&C), on the other hand, is based on a comprehensive assessment of the person’s personal situation in Canada, including their level of establishment, family ties, and the difficulties they might face if removed.
These two avenues are not mutually exclusive from a legal strategy perspective. An immigration lawyer can advise you on the best way to combine these approaches based on your specific circumstances.
Section L25(1) of the IRPA allows foreign nationals who are inadmissible or who are not eligible to apply under another immigration category to apply for permanent residence or for an exemption from a requirement of the Act on humanitarian grounds. Eligibility depends on a combination of factors that the IRCC officer assesses on a case-by-case basis.
The officer reviews your entire situation. The main factors considered are as follows:
| Factor | Expected evidence |
|---|---|
| Establishment in Canada | Employment, tax returns, volunteer work, community ties |
| Family ties | Presence of a spouse, children, or close relatives who are permanent residents or citizens |
| Best interests of the child | Education, attachment to Canada, impact of removal on the child |
| Hardship in the event of removal | Medical reports, documentation regarding the country of origin, evidence demonstrating personal hardship or risks in the event of return |
The hardship cited must go beyond the ordinary inconveniences associated with deportation.
Documentary evidence is crucial. At Blain Avocats, we will guide you in compiling a well-organized case file that includes: letters of support from community members, proof of continuous employment, evidence of integration, and documentation regarding risks in the country of origin.
Each case is assessed by taking into account the applicant’s personal circumstances, including the length of time spent in Canada, their integration into Canadian society, and the best interests of any child directly involved.
This factor can be a central argument in a CH case. The children’s integration into the Quebec school system, their friendships, their language skills, and their environment are elements that we can strategically highlight.
A refusal by the Immigration and Refugee Board (IRB) does not permanently close the door to Canada. Applying for humanitarian consideration is a separate process, subject to specific conditions and deadlines that we must understand in detail.
The law imposes a 12-month waiting period following a denial of asylum before a humanitarian application can be filed, except in certain cases, particularly when the best interests of a child are at stake.
If removal is imminent and the person is seeking judicial review, they may apply for a stay of removal. If the Federal Court grants a stay, the removal will not proceed.
If you submit an application for permanent residence on humanitarian and compassionate grounds and are subject to a removal order, the application will not prevent your removal from Canada. The application for a judicial stay is therefore a complementary, urgent, and separate remedy that we can initiate in parallel to preserve your presence in the country.
Filing an application for permanent residence on humanitarian grounds (CH) requires a thorough analysis and a well-organized presentation of all relevant information. An incomplete or poorly prepared application can negatively impact its evaluation. At Blain Avocats, every client receives personalized support aimed at structuring the application in a clear and coherent manner, in accordance with applicable immigration law requirements.
The first step involves a thorough assessment of your situation: immigration history, family profile, settlement in Canada, and risks in the event of removal. This analysis helps identify the strongest arguments and anticipate objections from the IRCC officer.
Blain Avocats provides you with an honest and accurate assessment of your case so that you can make an informed decision.
The strength of a CH application depends on the quality and consistency of the supporting documents. Our team will assist you in gathering and organizing the most compelling documents:
Blain Avocats handles the complete drafting of your humanitarian submissions as well as communication with IRCC. The firm also oversees the preparation and structuring of each stage of the case to ensure its consistency and legal soundness.
Your situation deserves a thorough and confidential assessment. The attorneys at Blain Avocats are available Monday through Friday, from 9 a.m. to 5 p.m., to review your case and propose a legal strategy tailored to your specific circumstances.
Frequently asked questions
Frequently Asked Questions About Applications for Permanent Residence on Humanitarian Grounds (CH)
Processing times are published and updated regularly by Immigration, Refugees and Citizenship Canada (IRCC): check processing times.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html
Fees vary depending on the complexity of the case. Blain Avocats offers an initial assessment to clarify the costs and steps involved in the mandate before any commitment is made.
Filing an application for permanent residence on humanitarian and compassionate grounds (H&C) does not automatically grant the right to remain in Canada. If you are subject to a removal order, you will have to leave Canada unless an application for a stay of removal is filed to request a suspension of the removal while your case is being reviewed.
Legal aid for immigration matters varies by province. In Quebec, certain appeals may be covered subject to eligibility and means testing. We can guide you toward the options available based on your situation.
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