The Immigration and Refugee Protection Act allows individuals to apply for landing from inside Canada on humanitarian and compassionate grounds.

In other words, the Immigration and Refugee Protection Act allows the Minister of Citizenship and Immigration to grant permanent resident status if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations, taking into account the best interests of a child directly affected, or by public policy considerations.

Humanitarian and compassionate applications are assessed based on the applicant’s establishment in Canada and the degree to which the applicant would experience hardship if forced to apply from outside of Canada.

Success will depend on factors such as:

  1. Length of time in Canada
  2. Family in Canada
  3. Children in Canada
  4. Work in Canada
  5. Establishment in Canada
  6. Other compelling factors

Unlike pending refugee claims, the existence of a pending humanitarian and compassionate application does not prevent Citizenship and Immigration Canada from deporting the applicant from Canada before his/her application has been considered.

Please contact us to find out whether you are eligible to apply for permanent residence in Canada under the Humanitarian and Compassionate Grounds program.

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Kurzfeld Law Office of Immigration

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